FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 712.14 — MI Code / Chapter 701 / Act Act-288-of-1939 / Section 712.14
Determination of custody; basis; newborn's best interest; factors.
Status: in_force

Sec. 14.

In a custody action under this chapter, the court shall determine custody of the newborn based on the newborn's best interest. The court shall consider, evaluate, and make findings on each factor of the newborn's best interest with the goal of achieving permanence for the newborn at the earliest possible date.

A newborn's best interest in a custody action under this chapter is all of the following factors regarding a parent claiming parenthood of the newborn:

The love, affection, and other emotional ties existing between the newborn and the parent.

The parent's capacity to give the newborn love, affection, and guidance.

The parent's capacity and disposition to provide the newborn 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.

The permanence, as a family unit, of the existing or proposed custodial home.

The parent's moral fitness.

The parent's mental and physical health.

Whether the parent has a history of domestic violence.

If the parent is not the parent who surrendered the newborn, the opportunity the parent had to provide appropriate care and custody of the newborn before the newborn's birth or surrender.

Any other factor considered by the court to be relevant to the determination of the newborn's best interest.

History: Add. 2000 Act 232, Eff. Jan. 1, 2001
Mich. Comp. Laws § 600.302a — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.302a
Judicial district; county lines; preparation of map by secretary of state.
Status: in_force

Sec. 302a.

Each judicial district described in section 302 shall be drawn on county lines. The secretary of state shall prepare a map of each district constituted under section 302 that shows the counties that comprise that district and convey the map of each district to the legislature and the governor.

History: Add. 2001, Act 117, Eff. Mar. 22, 2002
Mich. Comp. Laws § 247.395 — MI Code / Chapter 247 / Act Act-139-of-1972 / Section 247.395
“Maintenance” defined.
Status: in_force

Sec. 5.

Maintenance, as used in this act, is defined as that word applies and has been adopted by the department of state highways manual to cities and villages.

History: 1972, Act 139, Imd. Eff. May 22, 1972
Mich. Comp. Laws § 324.35316 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.35316
Zoning ordinances; additional prohibited uses in critical dune area; variance; contour maps; guidelines; restoration.
Status: in_force

Sec. 35316.

(1) Unless a variance is granted pursuant to section 35317, a zoning ordinance shall not permit the following uses in a critical dune area:

(a) A structure and access to the structure on a slope within a critical dune area that has a slope that measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance with a site plan prepared for the site by a registered professional architect or a licensed professional engineer and the site plan provides for the disposal of storm waters without serious soil erosion and without sedimentation of any stream or other body of water.

(b) A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in a 3-foot horizontal plane.

(c) A use involving a contour change if the local unit of government or the department determines that it is more likely than not to increase erosion or decrease stability.

(d) Silvicultural practices, as described in the "forest management guidelines for Michigan", prepared by the society of American foresters as revised in 2010, if the local unit of government or the department determines that they are more likely than not to increase erosion or decrease stability.

(e) A use that involves a vegetation removal if the local unit of government or the department determines that it is more likely than not to increase erosion or decrease stability.

(2) If the local unit of government is not certain of the degree of slope on a property for which a use permit is sought, the local unit may require that the applicant supply contour maps of the site with 5-foot intervals at or near any proposed structure or roadway.

(3) The department shall develop guidelines to describe the method by which the department and local units of government measure slopes to implement the requirements of the zoning ordinance or the model zoning plan.

(4) If a person is ordered by the department, or by a local unit of government that is enforcing a zoning ordinance authorized under this part, to restore a critical dune area that has been degraded by that person, the department or local unit of government shall establish a procedure by which the restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory manner.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995; Am. 1995, Act 262, Imd. Eff. Jan. 8, 1996; Am. 2012, Act 297, Imd. Eff. Aug. 7, 2012
Mich. Comp. Laws § 552.509a — MI Code / Chapter 552 / Act Act-294-of-1982 / Section 552.509a
Centralized receipt and disbursement of support and fees.
Status: in_force

Sec. 9a.

The SDU is responsible for the centralized receipt and disbursement of support and fees. An office of the friend of the court may continue to receive support and fees.

History: Add. 1999, Act 150, Imd. Eff. Nov. 3, 1999; Am. 2009, Act 233, Imd. Eff. Jan. 8, 2010
Mich. Comp. Laws § Article I § 23 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article I § 23
Enumeration of rights not to deny others.
Status: in_force

Sec. 23.

The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.

History: Const. 1963, Art. I, § 23, Eff. Jan. 1, 1964
Mich. Comp. Laws § 550.1401h — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1401h
Health care corporation providing prescription drug coverage; formulary restrictions.
Status: in_force

Sec. 401h.

A health care corporation that provides coverage for prescription drugs and limits those benefits to drugs included in a formulary shall do all of the following:

Provide for participation of participating physicians, dentists, and pharmacists in the development of the formulary.

Disclose to health care providers and upon request to members the nature of the formulary restrictions.

Provide for exceptions from the formulary limitation when a nonformulary alternative is a medically necessary and appropriate alternative. This subdivision does not prevent a health care corporation from establishing prior authorization requirements or another process for consideration of coverage or higher cost-sharing for nonformulary alternatives. Notice as to whether or not an exception under this subdivision has been granted shall be given by the health care corporation within 24 hours after receiving all information necessary to determine whether the exception should be granted.

History: Add. 1999, Act 175, Imd. Eff. Nov. 16, 1999
Mich. Comp. Laws § 324.31503 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31503
Definitions; E to H.
Status: in_force

Sec. 31503.

"Emergency action plan" means a plan developed by the owner that establishes procedures for notification of the department, public off-site authorities, and other agencies of the emergency actions to be taken prior to and following an impending or actual failure of a dam.

"Enlargement" means any change in or addition to an existing dam which raises or may raise the design flood elevation of the water impounded by the dam.

"Failed dam" means a dam not capable of impounding water at its intended level due to a structural deficiency.

"Failure" means an incident resulting in an unplanned or uncontrolled release of water from a dam.

"Flood of record" means the greatest flow rate determined by the department to have occurred at a particular location.

"Freeboard" means the vertical distance between the design flood elevation and the lowest point of the top of the dam.

"Half probable maximum flood" means the largest flood that may reasonably occur over a watershed, and is derived from the combination of hydrologic runoff parameters and the half probable maximum storm that produces the maximum runoff.

"Half probable maximum storm" means the spatial and temporal distribution of the probable maximum precipitation, divided by 2, that produces the maximum volume of precipitation over a watershed.

"Hazard potential classification" means a reference to the potential for loss of life, property damage, and environmental damage in the area downstream of a dam in the event of failure of the dam or appurtenant works.

"Height" means the difference in elevation measured vertically between the natural bed of a stream or watercourse at the downstream toe of the dam, or, if it is not across a stream channel or watercourse, from the lowest elevation of the downstream toe of the dam, to the design flood elevation or to the lowest point of the top of the dam, whichever is less.

"High hazard potential dam" means a dam located in an area where a failure may cause serious damage to inhabited homes, agricultural buildings, campgrounds, recreational facilities, industrial or commercial buildings, public utilities, main highways, or class I carrier railroads, or where environmental degradation would be significant, or where danger to individuals exists with the potential for loss of life.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 600.907 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.907
State bar; subpoena, administration of oaths.
Status: in_force

Sec. 907.

The state bar of Michigan has the power of subpoena, and the authority to take testimony under oath, which may be exercised by its officers, boards and committees for the purpose of aiding in cases of discipline, suspension, and disbarment of its members, and in cases of applicants for admission to the bar, under such regulations and restrictions as the supreme court may prescribe. The persons exercising the power granted by this section have the power to administer the necessary oaths.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 500.3945 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3945
Violation; penalty.
Status: in_force

Sec. 3945.

In addition to any other penalties provided by the laws of this state, any insurer and any agent found to have violated any requirement of this state relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to 3 times the amount of any commissions paid for each policy involved in the violation or up to $10,000.00, whichever is greater.

History: Add. 1992, Act 84, Imd. Eff. June 2, 1992
Mich. Comp. Laws § 487.14205 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.14205
Allowance for bank loan and lease losses; charge off of debt.
Status: in_force

Sec. 4205.

Unless a debt constitutes a claim against a solvent estate in probate, if the interest on a debt held by a bank is past due and unpaid for a period of 12 months, the bank shall charge off to its allowance for loan and lease losses the portion of the debt that is not well secured.

History: 1999, Act 276, Eff. Mar. 1, 2000; Am. 2009, Act 59, Imd. Eff. July 2, 2009
Mich. Comp. Laws § 168.416 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.416
Judge of circuit court; election; death or disqualification of nominee.
Status: in_force

Sec. 416.

Except as otherwise provided in this section, a judge or judges of the circuit court shall be elected in each judicial circuit at the general election in which judges of the circuit court are to be elected as provided by law.

If there are fewer nominees for the office of judge of the circuit court than there are persons to be elected at the general November election because of the death or disqualification of a nominee less than 66 days before the general November election, then a person shall not be elected at that general November election to any office of judge of the circuit court for which there is no nominee.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 59, Eff. Mar. 24, 1964; Am. 1990, Act 32, Imd. Eff. Mar. 21, 1990
Mich. Comp. Laws § 125.4320 — MI Code / Chapter 125 / Act Act-57-of-2018 / Section 125.4320
Development area citizens council; establishment; advisory body; appointment and qualifications of members.
Status: in_force

Sec. 320.

(1) A development area citizens council shall be established if the proposed development area has 100 or more persons residing within it and a change in zoning or a taking of property by eminent domain is necessary to accomplish the proposed development program. The council shall act as an advisory body to the authority and the governing body in the adoption of the development plan or tax increment financing plan.

(2) If a development area citizens council is required, the council shall be appointed by the governing body, and shall consist of not less than 9 members. Each member shall be at least 18 years of age and reside in the development area. The council shall be established at least 60 days before the public hearing on the development plan or the tax increment financing plan, or both.

(3) If a development area citizens council is required pursuant to subsection (1) and if the authority was established pursuant to section 304(1)(a), (b), (c), or (d), a council established in conjunction with any of those boards or commissions, may serve in an advisory capacity to the authority, if the authority determines it is representative of the development area.

History: 2018, Act 57, Eff. Jan. 1, 2019
Mich. Comp. Laws § 324.17205 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.17205
Thermostat containing mercury or mercury compound; sale or distribution prohibited; exception.
Status: in_force

Sec. 17205.

(1) Beginning January 1, 2009, a person shall not sell, offer for sale, or distribute in this state or for use in this state a thermostat for use in regulating room temperature and that contains mercury or a mercury compound.

(2) This section does not apply to a thermostat if the thermostat is a replacement for an existing thermostat containing mercury or a mercury compound that is a component of an appliance.

History: Add. 2006, Act 492, Imd. Eff. Dec. 29, 2006
Mich. Comp. Laws § 550.1402b — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1402b
Preexisting condition limitation or exclusion; prohibition; exception; “group” defined.
Status: in_force

Sec. 402b.

For an individual covered under a nongroup certificate or under a certificate not covered under subsection (2), a health care corporation may exclude or limit coverage for a condition only if the exclusion or limitation relates to a condition for which medical advice, diagnosis, care, or treatment was recommended or received within 6 months before enrollment and the exclusion or limitation does not extend for more than 6 months after the effective date of the certificate.

A health care corporation shall not exclude or limit coverage for a preexisting condition for an individual covered under a group certificate.

Notwithstanding subsection (1), a health care corporation shall not issue a certificate to a person eligible for nongroup coverage or eligible for a certificate not covered under subsection (2) that excludes or limits coverage for a preexisting condition or provides a waiting period if all of the following apply:

The person's most recent health coverage prior to applying for coverage with the health care corporation was under a group health plan.

The person was continuously covered prior to the application for coverage with the health care corporation under 1 or more health plans for an aggregate of at least 18 months with no break in coverage that exceeded 62 days.

The person is no longer eligible for group coverage and is not eligible for medicare or medicaid.

The person did not lose eligibility for coverage for failure to pay any required contribution or for an act to defraud a health care corporation, a health insurer, or a health maintenance organization.

If the person was eligible for continuation of health coverage from that group health plan pursuant to the consolidated omnibus budget reconciliation act of 1985, Public Law 99-272, 100 Stat. 82, he or she has elected and exhausted that coverage.

As used in this section, "group" means a group of 2 or more subscribers.

History: Add. 1996, Act 516, Eff. Oct. 1, 1997; Am. 1999, Act 7, Imd. Eff. Mar. 9. 1999
Mich. Comp. Laws § 600.8132 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8132
Sixty-fifth-a district; sixty-fifth-b district.
Status: in_force

Sec. 8132.

(1) The sixty-fifth-a district consists of the county of Clinton, is a district of the first class, and has 1 judge.

(2) The sixty-fifth-b district consists of the county of Gratiot, is a district of the first class, and has 1 judge.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 1998, Act 47, Imd. Eff. Mar. 30, 1998; Am. 2011, Act 300, Imd. Eff. Dec. 22, 2011; Am. 2012, Act 624, Imd. Eff. Jan. 9, 2013; Am. 2013, Act 33, Imd. Eff. May 20, 2013
Mich. Comp. Laws § 555.2 — MI Code / Chapter 555 / Act R-S-of-1846 / Section 555.2
Executed use confirmed as legal estate.
Status: in_force

Sec. 2.

Every estate which is now held as an use, executed under the laws of this state as they formerly existed, is confirmed as a legal estate.

History: R.S. 1846, Ch. 63; CL 1857, 2632; CL 1871, 4115; How. 5564; CL 1897, 8830; CL 1915, 11566; CL 1929, 12968; CL 1948, 555.2
Mich. Comp. Laws § 52.146 — MI Code / Chapter 52 / Act Act-143-of-1945 / Section 52.146
County health officer; powers.
Status: in_force

Sec. 6.

Any health officer functioning under the provisions of this act shall have and be vested with all of the powers previously invested in and enjoyed by coroners elected under the provisions of section 52.86 of the Compiled Laws of 1948.

History: 1945, Act 143, Eff. Sept. 6, 1945; CL 1948, 52.146; Am. 1960, Act 95, Eff. Aug. 17, 1960
Mich. Comp. Laws § 125.469 — MI Code / Chapter 125 / Act Act-167-of-1917 / Section 125.469
Joint use of kitchen by more than one family prohibited.
Status: in_force

Sec. 69.

Use of kitchens. No kitchen or cooking accommodations shall be permitted or maintained in any room or space of any building for the common or joint use of the individual occupants of a 2 family or multiple family dwelling.

History: 1917, Act 167, Eff. Aug. 10, 1917; CL 1929, 2557; Am. 1939, Act 303, Eff. Sept. 29, 1939; CL 1948, 125.469
Mich. Comp. Laws § 257.937 — MI Code / Chapter 257 / Act Act-387-of-1978 / Section 257.937
Rules.
Status: in_force

Sec. 7.

The department of state shall promulgate rules to implement this act pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws. The rules may include but not be limited to the following: Criteria for approving or disapproving loan applications, criteria for determining the amount of a loan and provisions for a repayment plan agreement including the assessment of a fee for late payment.

History: 1978, Act 387, Imd. Eff. July 27, 1978; Am. 1979, Act 14, Imd. Eff. May 17, 1979
Mich. Comp. Laws § 500.4430 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.4430
Group life insurance policy; filing and approval of form; certain provisions required.
Status: in_force

Sec. 4430.

Except as otherwise provided in section 2236(8)(d), a policy of group life insurance shall not be issued or delivered in this state unless and until a copy of the form of the group life insurance has been filed with and approved by the commissioner.

A policy of group life insurance shall not be issued or delivered unless it contains in substance the provisions of sections 4432 through 4442. A group universal life policy as defined in section 4001(g) shall not be issued or delivered unless it complies with the provisions of chapter 40.

History: 1956, Act 218, Eff. Jan. 1, 1957; Am. 1987, Act 52, Imd. Eff. June 22, 1987; Am. 1990, Act 305, Imd. Eff. Dec. 14, 1990; Am. 1993, Act 349, Eff. Oct. 1, 1994
Mich. Comp. Laws § 121.1 — MI Code / Chapter 121 / Act Act-4-of-1957 / Section 121.1
Charter water authority; definition; intent of act, limitation on authority.
Status: in_force

Sec. 1.

As used in this act, “water supply and transmission system” means plants, works, instrumentalities and properties used or useful in connection with obtaining a water supply and the treatment thereof, and necessary transmission mains and appurtenances for the distribution of the water to the cities, villages and townships within the territorial limits of the authority. The cities, villages and townships shall continue to own, operate and maintain their own water distribution systems. It is the intent of this act to provide an equitable and reasonable method and means of financing and acquiring a central water supply and transmission system to supply potable water in sufficient quantities to local governmental units for distribution and sale to their own customers and users. The authority shall be limited to acquiring, owning and operating the central water supply and transmission system in the manner authorized by this act, either within or without the corporate limits of the authority.
Mich. Comp. Laws § 38.1420 — MI Code / Chapter 38 / Act Act-300-of-1980 / Section 38.1420
Tier 2 plan; implementation.
Status: in_force

Sec. 120.

Notwithstanding any other provision of this act, the Tier 2 plan under this article will be implemented by the department as soon as administratively feasible but not later than January 1, 2011.

History: Add. 2010, Act 75, Imd. Eff. May 19, 2010