reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.686 - Public Playground Equipment; Responsibility for Maintenance, Repair, and Upkeep.

408.686 Public playground equipment; responsibility for maintenance, repair, and upkeep.
Sec. 6.
(1) Except as otherwise provided in subsection (2), the local unit of government, school district, or governmental entity that owns and operates the public playground equipment shall be responsible for the maintenance, repair, and upkeep of the public playground equipment according to the standards identified by this act.
(2) For the maintenance, repair, and upkeep of public playground equipment that existed before the effective date of this act, the standards required by section 4 shall apply only to the extent that such application is possible without requiring substantial alteration, removal, or replacement of the existing equipment.
History:
1997, Act 16, Eff. May 1, 1998
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.687 - Finding of Responsibility; Admissibility in Civil Action; Immunity; Other Defenses, Limitations, Remedies, or Rights.

408.687 Finding of responsibility; admissibility in civil action; immunity; other defenses, limitations, remedies, or rights.
Sec. 7.
(1) Evidence of a finding of responsibility for a state civil infraction under this act shall not be admissible in a civil action brought to recover damages incurred as a result of the manufacture or assembly of public playground equipment.
(2) This act does not expand, restrict, or otherwise alter the immunity from liability granted by law to a local unit of government, school district, or governmental entity.
(3) This act does not limit or alter and shall be in addition to any other defenses, limitations, remedies, or rights a person may have by law.
History:
1997, Act 16, Eff. May 1, 1998
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 89 of 1963 - Construction Safety Act of 1963 (408.711 - 408.724)

CONSTRUCTION SAFETY ACT OF 1963
Act 89 of 1963
408.711-408.724 Repealed. 1974, Act 154, Eff. Jan. 1, 1975.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 290 of 1965 - Boiler Act of 1965 (408.751 - 408.776)

BOILER ACT OF 1965
Act 290 of 1965
408.751-408.776 Repealed. 2016, Act 407, Eff. Apr. 4, 2017.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.801 - Elevators; Applicability of Definitions in American Standard Safety Code.

408.801 Elevators; applicability of definitions in American standard safety code.
Sec. 1.
The definitions in section 3 of the standard are applicable to this act, except where they conflict with definitions in this act.
History:
1967, Act 227, Eff. Nov. 2, 1967
Compiler's Notes:
For transfer of powers and duties relating to promulgation of rules by the elevator safety board from the department of labor to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.802 - Definitions.

408.802 Definitions.
Sec. 2.
(1) "Approved" means that which the director designates as acceptable to the department.
(2) "Board" means the elevator safety board.
(3) "Department" means the department of labor.
(4) "Director" means the director of labor or his duly designated representative.
(5) "Division" means the elevator safety division of the department.
(6) "Dormant elevator" means an elevator that is still intact and on the premises but the premises are vacated or the equipment is entirely disconnected in an approved manner.
(7) "Repairs" where used herein shall mean only such work as is necessary to maintain present equipment in a safe and serviceable condition and to adjust or replace defective, broken or worn parts, with parts made of equivalent material, strength and design, and where the replacing part performs the same function as the replaced part.
(8) "Major alteration" means an alteration as defined in the standard. Any person, firm or corporation performing such major alteration shall obtain a permit from the department as outlined in section 15 of this act.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 1980, Act 282, Imd. Eff. Oct. 9, 1980
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.803 - Definitions; E.

408.803 Definitions; E.
Sec. 3.
(1) "Elevator" means the machinery, construction, apparatus, and equipment of an incline lift, escalator, moving walk, or device serving 2 or more landings used in raising and lowering a car, cage, or platform which is guided. The term includes a passenger elevator, freight elevator, gravity elevator, workmen's elevator, dumbwaiter, manlift, or other lifting or lowering apparatus that is guided. The term does not include:
(a) An elevating device within the scope of 1911 PA 163, MCL 425.101 to 425.113.
(b) A feeding machine or belted bucket, scoop, roller, or any similar type of freight conveyor.
(c) A lubrication hoist or other similar mechanism.
(d) A piling or stacking machine that is used within 1 story and does not penetrate a floor.
(e) A residential stairway chairlift or residential platform lift.
(f) An outside material hoist used for raising or lowering construction materials while a building or structure is under construction within the scope of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.
(2) "Elevator contractor" means a person that is engaged in the business of constructing, installing, maintaining, repairing, or altering elevators, including the installing or maintaining of electric wiring, fixtures, apparatus, and appliances in connection with the operation or control of elevators.
(3) "Elevator contractor license" means a license issued by the director to an elevator contractor that authorizes the licensee to engage in the construction, installation, alteration, maintenance, or repair of elevators.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 2015, Act 35, Eff. Aug. 19, 2015
Compiler's Notes:
Enacting section 3 of Act 35 of 2015 provides:"Enacting section 3. It is the intent of the legislature that the enactment of this amendatory act does not affect the department of licensing and regulatory affairs' examination or examination requirements for licensure as a residential builder under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412."
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.804 - Definitions; G to S.

408.804 Definitions; G to S.
Sec. 4.
(1) "General inspector" means an individual who holds a general certificate of competency and is employed by this state as an elevator inspector or in an elevator inspection supervisory capacity.
(2) "Incline lift" means an elevator that is designed and operated to transport individuals or material from 1 level to another. The term does not include the enclosure or building, an incline lift under the jurisdiction of the ski area safety board, or a residential stairway chairlift or residential platform lift.
(3) "Inspector" means a general or special inspector.
(4) "Person" means an individual, corporation, limited liability company, partnership, association, governmental entity, or any other legal entity.
(5) "Residential stairway chairlift or residential platform lift" means an inclined stairway chairlift or inclined and vertical platform lift in or at a private residence that is intended only for transportation of an individual whose mobility is impaired, meets the requirements of section 14a, and is manufactured in compliance with the American society of mechanical engineers standard 18.1-2008 or any revision to that standard approved by the department. The term does not include an elevator, escalator, moving walkway, material lift, dumbwaiter, personnel hoist, powered platform and equipment for exterior and interior building maintenance, amusement device, or stage or orchestra lift or any portable equipment used to lift or transport individuals or material.
(6) "Special inspector" means an individual who holds a special certificate of competency and is commissioned under this act.
(7) "Standard" means the American standard safety code for elevators, dumbwaiters, escalators, and moving walks, A 17.1-1965.
(8) "State construction code" means the code, as that term is defined in section 2a of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1502a.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 2015, Act 35, Eff. Aug. 19, 2015
Compiler's Notes:
Enacting section 3 of Act 35 of 2015 provides:"Enacting section 3. It is the intent of the legislature that the enactment of this amendatory act does not affect the department of licensing and regulatory affairs' examination or examination requirements for licensure as a residential builder under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412."
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.805 - Inapplicability of Act to Certain Municipalities.

408.805 Inapplicability of act to certain municipalities.
Sec. 5.
This act does not apply to or in any city, village or township having elevator inspection regulations under ordinances comparable to this act.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.806 - Elevators; Compliance With American Standard Safety Code; Adoption by Rule; Conflicts; Applicability to Residential Incline Elevator for Use by Members of Homeowners Association Accessing Shoreline of Great Lake or Connecting Waterway; "Homeowners Association" Defined.

408.806 Elevators; compliance with American standard safety code; adoption by rule; conflicts; applicability to residential incline elevator for use by members of homeowners association accessing shoreline of Great Lake or connecting waterway; "homeowners association" defined.
Sec. 6.
(1) An elevator shall be constructed, equipped, maintained, repaired, and used with respect to the supporting members, car or platform, hoistways, guides, cables, doors and gates, safety stops and mechanisms, electrical apparatus and wiring, mechanical apparatus, counterweights, and all other appurtenances in accordance with the American standard safety code for elevators, dumbwaiters, escalators and moving walks, A 17.1-1965, and subsequent editions and amendments if adopted by rule of the board, and with rules adopted by the board. In case of conflict between the rules and the standard, the rules apply.
(2) The construction standards that apply to a private residential incline elevator apply to an incline elevator for the exclusive use of members of a homeowners association and their guests in accessing the shoreline of a Great Lake or connecting waterway. A homeowners association shall maintain at least $1,000,000.00 of insurance coverage against liability arising from construction or use of an incline elevator constructed according to the standards that apply to a private residential incline elevator.
(3) As used in subsection (2), "homeowners association" means an incorporated organization of the owners or lessees of not more than 20 residential dwellings.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 2011, Act 48, Imd. Eff. May 27, 2011
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.807 - Elevator Safety Board; Creation; Appointment, Qualifications, and Terms of Members; Vacancy; Compensation and Expenses.

408.807 Elevator safety board; creation; appointment, qualifications, and terms of members; vacancy; compensation and expenses.
Sec. 7.
(1) The elevator safety board consisting of 11 members is created, 1 of whose members is the director. The governor shall appoint, with the advice and consent of the senate, the other 10 members for terms of 4 years. The governor shall fill a vacancy on the board for the remainder of the unexpired term with a representative of the same interest as that of the predecessor. Of the appointed members, 1 shall be a representative of owners and lessees of elevators within this state, 2 shall be representatives of insurance companies authorized to insure elevators in this state, 2 shall be representatives of the elevator constructors' union, 1 shall be a representative of a municipality in the state having a population of at least 500,000, 1 shall be a representative of architects and consulting engineers, 2 shall be representatives of manufacturers of elevators used in this state, and 1 shall be a representative of the general public.
(2) The per diem compensation of the members of the board, other than the director, and the schedule for reimbursement of expenses shall be established annually by the legislature.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 1976, Act 362, Imd. Eff. Dec. 23, 1976
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of elevator safety board to department of licensing and regulatory affairs, see E.R.O. No. 2017-1, compiled at MCL 339.3102.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.809 - Enforcement of Act and Rules.

408.809 Enforcement of act and rules.
Sec. 9.
The director shall enforce the provisions of this act and the rules promulgated by the board pursuant to this act and where, owning to special conditions, a literal enforcement of the provisions of these rules will result in unnecessary hardship or involve practical difficulties, the director, upon application in specific cases, may authorize variations or modifications of the terms of these rules which will not be contrary to the public interest and so the spirit of these rules shall be observed, public safety secured, and substantial justice done.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 1980, Act 282, Imd. Eff. Oct. 9, 1980
Compiler's Notes:
Near the beginning of this section, “owning to special” evidently should read “owing to special”.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.810 - General and Special Inspectors; Qualifications; Application Requirements for Examination as Elevator Inspectors; Acceptance or Rejection of Applications; Issuance of Certificates of Competency; Reexamination.

408.810 General and special inspectors; qualifications; application requirements for examination as elevator inspectors; acceptance or rejection of applications; issuance of certificates of competency; reexamination.
Sec. 10.
(1) A person is not authorized to serve as a general inspector unless he has had 3 years' experience in elevator construction or the equivalent as determined by the board, and holds a general certificate of competency issued by the director. A person is not authorized to serve as a special inspector unless he has had 3 years' experience in designing, installing, maintaining or inspecting elevators and holds a special certificate of competency issued by the director.
(2) An applicant for examination as an inspector of elevators shall submit to the department a completed application on a form to be furnished by the department. The application shall record the applicant's formal education, names and addresses of his previous employers, dates of employment and type of work performed. He shall also submit a letter from 1 or more of his previous employers certifying as to his character and experience. The required examination fee shall accompany the application.
(3) An application shall be rejected which contains any wilful falsification. Qualifications of the applicant shall be determined by the board. A qualified applicant for a certificate of competency as a general or special inspector shall be examined by the board. The applicant shall be accepted or rejected on the merits of his application and examination.
(4) Upon recommendation by the board, a certificate of competency for the inspection of elevators shall be issued to a successful applicant by the director. A rejected applicant is entitled after the expiration of 90 days, and upon payment of the required examination fee, to another examination. If an applicant fails to pass the prescribed examination a second time, he will not be permitted to be reexamined for 1 year after the second examination.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.811 - Special Inspectors; Designation by Insurers or Local Units; Commissions; Renewal Fees; Compensation.

408.811 Special inspectors; designation by insurers or local units; commissions; renewal fees; compensation.
Sec. 11.
From the holders of special certificates of competency in the inspection of elevators, a company authorized to insure elevators in this state, may designate persons who are commissioned by the state to inspect elevators in the state covered by such company's policies. A local government having an approved elevator inspection department may designate persons to inspect elevators in such governments' jurisdiction. When requested, such persons shall have issued to them by the director, upon payment of the required fee, commissions to serve as special inspectors of elevators in the state. Commissions shall be renewed annually upon payment of the required fee. Special inspectors shall not be compensated by this state.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.812 - Elevator Contractors' Licenses; Applications, Qualifications, Expiration; Exemptions.

408.812 Elevator contractors' licenses; applications, qualifications, expiration; exemptions.
Sec. 12.
A person, firm or corporation who is to install, construct, repair, alter and maintain an elevator shall secure from the director an elevator contractor license. The license shall be issued by the director, after his receipt of an acceptable application in writing and of the fee, to a person, firm or corporation found qualified to perform such work, and who is certified by the board as having successfully passed the examination given by the board. The application is not acceptable to the board until the applicant has shown by sworn affidavit that he or the person qualified for the applicant has had at least 5 years' experience as an elevator constructor or journeyman, or equivalent. A license shall expire on December 31 of the year in which it is issued.
The contractor licensing requirements under this section for maintenance and repair work, as defined in this act, shall not apply to any firm, person, or corporation maintaining elevators in their leased or owned premises: Provided, That such elevators are not used by the general public, and that the work is performed by their permanent employees in accordance with approved procedures and practices.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.813 - Certificates of Competency, Commissions and Licenses; Reissuance When Lost or Destroyed.

408.813 Certificates of competency, commissions and licenses; reissuance when lost or destroyed.
Sec. 13.
A certificate of competency, commission or elevator contractor license shall be reissued upon receipt of an application by the director and payment of the renewal fee without another examination, when it is proven to the director's satisfaction that the document is lost or destroyed.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.814 - Certificates of Competency, Commissions and Licenses; Suspension or Revocation; Grounds, Hearing, Notice.

408.814 Certificates of competency, commissions and licenses; suspension or revocation; grounds, hearing, notice.
Sec. 14.
A certificate of competency, commission or elevator contractor license may be suspended or revoked by the director upon recommendation of the board for incompetence, neglect, misrepresentation or failure to comply with the requirements of this act, or with the rules made by the board. Such a document shall not be suspended or revoked until a hearing has been conducted after at least 15 days' written notice has been mailed to the holder of the document by ordinary mail. The hearing shall be held before the board not more than 30 days after the date of the notice, unless the hearing date is extended for cause shown.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.814a - Residential Chairlift or Residential Stairway Platform Lift; Installation, Construction, Repair, Alteration, or Maintenance; Requirements.

408.814a Residential chairlift or residential stairway platform lift; installation, construction, repair, alteration, or maintenance; requirements.
Sec. 14a.
(1) An individual shall not install, construct, repair, alter, or maintain a residential stairway chairlift or residential platform lift unless that individual meets all of the following:
(a) He or she is 1 of the following:
(i) Certified by the manufacturer of the residential stairway chairlift or residential platform lift to install, construct, repair, alter, or maintain that chairlift or lift.
(ii) Licensed as an elevator contractor under this act.
(b) He or she has, or the person that employs or has engaged him or her as an agent has, liability insurance in the principal amount of at least $1,000,000.00 for each occurrence and at least $2,000,000.00 in the aggregate.
(c) Before commencing the work, obtains all permits required by the municipality in which the premises are located.
(d) In performing the work, complies with both of the following:
(i) The state construction code.
(ii) The American society of mechanical engineers standard 18.1-2008 or any revision to that standard approved by the department.
(2) An individual shall not install, construct, repair, alter, or maintain a residential stairway chairlift or residential platform lift unless the device meets all of the following:
(a) The device has a limited vertical travel, operating speed, and platform area.
(b) Operation of the device is under continuous control of the user or passenger.
(c) The device does not penetrate more than 1 floor.
(d) The device does not have a full passenger enclosure on the platform of the device.
(e) The device is not operated by means of hydraulic propulsion.
(f) The device is not rated to transport a load greater than 750 pounds.
(g) If the device is a residential platform lift, the device does not travel vertically more than 6 feet on a slope that is 90 degrees.
(3) A permit from the department under section 15(1) is not required to alter or install a residential stairway chairlift or residential platform lift.
History:
Add. 2015, Act 35, Eff. Aug. 19, 2015
Compiler's Notes:
Enacting section 3 of Act 35 of 2015 provides:"Enacting section 3. It is the intent of the legislature that the enactment of this amendatory act does not affect the department of licensing and regulatory affairs' examination or examination requirements for licensure as a residential builder under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412."
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.816 - Fees for Services; Determination; Payment; Deposits.

408.816 Fees for services; determination; payment; deposits.
Sec. 16.
(1) Fees for the following matters shall be determined by the board subject to section 15:
(a) Commission.
(b) Certificate of competency examination.
(c) Elevator contractor license.
(d) Contractor examination.
(e) Permit, each elevator or device.
(f) Certificate of operation.
(g) Appeal for hearing before board.
(h) Inspection by general inspector.
(i) Special.
(2) Fees shall be paid to the director. Fees received by the director shall be transmitted to the state treasurer for deposit in the general fund. These funds shall be disbursed only as appropriated by the legislature.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 2004, Act 269, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.817 - Inspections; Entry on Premises, Assistance.

408.817 Inspections; entry on premises, assistance.
Sec. 17.
The director and his inspectors during reasonable hours may enter any premises within this state without hindrance for the purpose of examining equipment covered by this act in accordance with the rules promulgated by the board. The holder of a certificate of operation shall provide assistance required by the director or the inspector in making the inspection.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.818 - Certificates of Operation; Annual Issuance.

408.818 Certificates of operation; annual issuance.
Sec. 18.
The director shall issue a certificate of operation annually in accordance with the rules promulgated by the board.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.819 - Sealing Elevator Out of Service; Grounds.

408.819 Sealing elevator out of service; grounds.
Sec. 19.
A general inspector may seal an elevator out of service in accordance with the rules promulgated by the board or when any of the following conditions exist:
(a) When in case of emergency, in the opinion of the general inspector, the elevator is in such condition as to render it unsafe for operation.
(b) Failure to secure a certificate of operation or to renew such certificate.
(c) Failure to comply with a correction order issued by an inspector.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.820 - Smoking or Carrying Lighted Tobacco in Passenger Elevators Prohibited; Posting Sign; Receptacles.

408.820 Smoking or carrying lighted tobacco in passenger elevators prohibited; posting sign; receptacles.
Sec. 20.
(1) A person shall not smoke or carry lighted tobacco in any form in a passenger elevator in any building, structure, or premises in this state. A person who has control or management of any building, structure, or premises equipped with a passenger elevator shall not permit smoking or the carrying of lighted tobacco in any form in the elevator.
(2) The owner, occupant, firm, or corporation that has control or management of a building, structure, or premises equipped with 1 or more passenger elevators shall do both of the following:
(a) Post in each elevator a sign reading, "Smoking prohibited by law — violators subject to fine of $50.00 or 90 days' imprisonment".
(b) Provide and locate near each elevator entrance at each floor a noncombustible receptacle approved by the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, for the proper disposal of cigar and cigarette stubs, pipe ash, or lighted tobacco in any form.
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 2006, Act 202, Imd. Eff. June 19, 2006
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.821 - Violations of Act or Rules; Penalties.

408.821 Violations of act or rules; penalties.
Sec. 21.
(1) Except as provided in subsection (2), a person, firm, or corporation who violates this act or a rule promulgated by the board, or who fails or neglects to pay the fees authorized in this act, shall be punished for the first offense by a fine of not more than $50.00, and for each subsequent offense by a fine of not more than $100.00, or imprisonment in the county jail for not more than 90 days, or both.
(2) A member of the elevator safety board who intentionally violates section 8(2) with regard to a meeting shall be subject to the penalties provided in Act No. 267 of the Public Acts of 1976 for violations of that act.
(3) A person, firm, or corporation who operates or continues to operate an elevator, sealed out of service, without the approval of the director shall be punished by a fine not to exceed $25.00 for each day the elevator is operated without the approval in addition to the penalties provided in subsection (1).
History:
1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 1977, Act 191, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.822 - Saving Clause.

408.822 Saving clause.
Sec. 22.
A prosecution arising from a violation of the act repealed herein pending at the time this act becomes effective, or a prosecution which may be started within 1 year after the effective date of this act in consequence of any violation of the repealed act which was committed previous to the effective date of this act, shall be tried and determined as if such act had not been repealed.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.823 - Repeals.

408.823 Repeals.
Sec. 23.
Act No. 82 of the Public Acts of 1937, as amended, being sections 408.351 to 408.374 of the Compiled Laws of 1948, is repealed.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 227 of 1967 - Elevator Safety Board (408.801 - 408.824) › Section 408.824 - Elevator Safety Board; Membership, Rules and Fees, Continuation.

408.824 Elevator safety board; membership, rules and fees, continuation.
Sec. 24.
The membership of the board as now constituted shall continue to serve in accordance with their terms of office and the rules and fees heretofore established in Act No. 360 of the Public Acts of 1965, as amended, being sections 408.364 and 408.365 of the Compiled Laws of 1948, shall remain in full force and effect until the board shall appropriately revise, change or amend them, anything to the contrary herein contained notwithstanding.
History:
1967, Act 227, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.871 - Short Title.

408.871 Short title.
Sec. 1.
This act shall be known and may be cited as the "fair and open competition in governmental construction act".
History:
2011, Act 98, Imd. Eff. July 19, 2011
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.872 - Intent of Legislature; Purpose.

408.872 Intent of legislature; purpose.
Sec. 2.
The legislature intends this act to provide for more economical, nondiscriminatory, neutral, and efficient procurement of construction-related goods and services by this state and political subdivisions of this state as market participants, and providing for fair and open competition best effectuates this intent.
History:
Add. 2012, Act 238, Imd. Eff. June 29, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.873 - Definitions.

408.873 Definitions.
Sec. 3.
As used in this act:
(a) "Facility" means any actual physical improvement to real property owned, or leased, directly or through a building authority, by a governmental unit, including, but not limited to, roads; bridges; runways; rails; or a building or structure along with the building's or structure's grounds, approaches, services, and appurtenances.
(b) "Governmental unit" means this state, a county, city, township, village, school district, intermediate school district, community college, or public university that receives appropriations from this state, or any agency, board, commission, authority, or instrumentality of the foregoing.
History:
2011, Act 98, Imd. Eff. July 19, 2011
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.875 - Contract for Construction, Repair, Remodeling, or Demolition of Facility; Prohibitions Concerning Bid Specifications, Project Agreements, or Other Controlling Documents.

408.875 Contract for construction, repair, remodeling, or demolition of facility; prohibitions concerning bid specifications, project agreements, or other controlling documents.
Sec. 5.
Subject to section 8, a governmental unit awarding a contract on or after the effective date of the amendatory act that added section 2 for the construction, repair, remodeling, or demolition of a facility and any construction manager acting on its behalf shall not, in any bid specifications, project agreements, or other controlling documents:
(a) Require or prohibit a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with 1 or more labor organizations in regard to that project or a related construction project.
(b) Otherwise discriminate against a bidder, offeror, contractor, or subcontractor for becoming or remaining or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with 1 or more labor organizations in regard to that project or a related construction project.
History:
2011, Act 98, Imd. Eff. July 19, 2011 ;-- Am. 2012, Act 238, Imd. Eff. June 29, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.877 - Grant, Tax Abatement, or Tax Credit; Prohibitions.

408.877 Grant, tax abatement, or tax credit; prohibitions.
Sec. 7.
Subject to section 8, a governmental unit shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in section 5(a) or (b) in a contract document for any construction, improvement, maintenance, or renovation to real property or fixtures that are the subject of the grant, tax abatement, or tax credit.
History:
2011, Act 98, Imd. Eff. July 19, 2011 ;-- Am. 2012, Act 238, Imd. Eff. June 29, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.878 - Agreement With Labor Organization.

408.878 Agreement with labor organization.
Sec. 8.
(1) This act does not prohibit a governmental unit from awarding a contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or adhering to an agreement with a labor organization is not a condition for award of the contract, grant, tax abatement, or tax credit, and if the governmental unit does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of that contract, grant, tax abatement, or tax credit based upon the status as being or becoming, or the willingness or refusal to become, a party to an agreement with a labor organization.
(2) This act does not prohibit a contractor or subcontractor from voluntarily entering into or complying with an agreement entered into with 1 or more labor organizations in regard to a contract with a governmental unit or funded in whole or in part from a grant, tax abatement, or tax credit from the governmental unit.
History:
Add. 2012, Act 238, Imd. Eff. June 29, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.879 - Exemption of Project, Contract, Subcontract, Grant, Tax Abatement, or Tax Credit From Certain Requirements; Special Circumstances.

408.879 Exemption of project, contract, subcontract, grant, tax abatement, or tax credit from certain requirements; special circumstances.
Sec. 9.
The head of a governmental unit may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of any or all of the provisions of section 5 or 7 if the governmental unit finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with 1 or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization.
History:
2011, Act 98, Imd. Eff. July 19, 2011 ;-- Am. 2012, Act 238, Imd. Eff. June 29, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.881 - Requirements; Exceptions.

408.881 Requirements; exceptions.
Sec. 11.
The requirements of this act do not do either of the following:
(a) Affect any provision in 1965 PA 166, MCL 408.551 to 408.558.
(b) Apply to construction contracts executed before the effective date of this act.
History:
2011, Act 98, Imd. Eff. July 19, 2011
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 98 of 2011 - Fair and Open Competition in Governmental Construction Act (408.871 - 408.883) › Section 408.883 - Effect of Act on Activities Protected by Federal Law.

408.883 Effect of act on activities protected by federal law.
Sec. 13.
This act does not do either of the following:
(a) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the national labor relations act, 29 USC 151 to 169.
(b) Interfere with labor relations of parties that are left unregulated under the national labor relations act, 29 USC 151 to 169.
History:
2011, Act 98, Imd. Eff. July 19, 2011 ;-- Am. 2012, Act 238, Imd. Eff. June 29, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.901 - Short Title.

408.901 Short title.
Sec. 1.
This act shall be known and may be cited as the "full employment planning act of 1978".
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.902 - Definitions.

408.902 Definitions.
Sec. 2.
As used in this act:
(a) "Employability services" means an activity which increases the employment potential of an individual, and includes career and vocational education, training, work experience, relocation, and physical rehabilitation.
(b) "Employment plan" means the full employment plan required by section 3.
(c) "Full employment" means the highest level of employment which would provide an employment opportunity for every person able and willing to work, which, consistent with other public needs, can be attained during a given period of time by maximizing the investment of public resources toward that end.
(d) "Subsidized employment" means employment in the private or public sector which results from a direct government payment for all or part of employee wages or benefits in an employment and training program.
(e) "Unsubsidized employment" means employment in the private or public sector which does not result from a direct government payment for all or part of employee wages or benefits in an employment and training program.
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.904 - Employment Plan; Review by Governor; Index; Relationship of Plan to Presidential Federal Report on Economic Goals and Policies.

408.904 Employment plan; review by governor; index; relationship of plan to presidential federal report on economic goals and policies.
Sec. 4.
(1) The governor shall review the employment plan prescribed in section 3 and may seek advice or request review from institutions of higher education or from economic research and policy groups as the governor considers necessary.
(2) The executive budget shall include an index which references aspects of the employment plan to the budget by the budget's page number, department, and program.
(3) The governor shall include, as part of the initial submission of the employment plan to the legislature, a section analyzing the plan's relationship to the presidential federal report on economic goals and policies as provided for in the full employment and balanced growth act of 1978.
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.905 - Employment Plan; Legislative Alteration or Rejection.

408.905 Employment plan; legislative alteration or rejection.
Sec. 5.
If the legislature does not alter or reject the employment plan by concurrent resolution within 90 days after submission of the plan in accordance with section 4, the employment plan as submitted shall become effective.
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.906 - Reports by Directors of Senate and House Fiscal Agencies.

408.906 Reports by directors of senate and house fiscal agencies.
Sec. 6.
The directors of the senate and house fiscal agencies shall issue periodic joint reports to each member of the legislature detailing and tabulating the progress of legislative action on bills and resolutions which provide new budget authority or which change revenues for the fiscal year under consideration. The reports shall include all of the following:
(a) An up-to-date tabulation comparing new appropriations made for the fiscal year in bills and resolutions on which the legislature has completed action and estimated outlays associated with the appropriations bills or resolutions necessary for the new appropriations, explicit or implicit, in the employment plan.
(b) An up-to-date status report on all bills and resolutions making an appropriation or changing revenues.
(c) Other data relative to legislative action which the directors consider necessary or appropriate for use by the legislature in implementing and carrying out the purposes of this act.
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.907 - Report of Governor to Legislature.

408.907 Report of governor to legislature.
Sec. 7.
(1) Not more than 60 days after the effective date of this act, the governor shall report to the legislature all of the following:
(a) Measures taken by the governor to implement this act.
(b) Measures recommended by the governor which require legislation.
(c) Requests for appropriations necessary to implement this act.
(2) The measures to be included in the report referred to in subsection (1) include the establishment, disestablishment, transfer, or other reorganization of the executive branch of state government; the assignment or reassignment of organizational roles and responsibilities; and a description of major management systems and management information systems established, disestablished, or modified. Each of these measures shall be supported with a financial plan or financial impact statement.
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.908 - Measures to Ensure Meeting of Information Requirements; Initiation by Governor.

408.908 Measures to ensure meeting of information requirements; initiation by governor.
Sec. 8.
The governor shall initiate measures to ensure that the information requirements of the legislature are fully met. Measures taken to achieve the purposes of this section shall include all of the following:
(a) Standardization of data to ensure data compatibility for the purpose of analysis and comparison.
(b) Establishment of the capability to report geographically arrayed data by a county or city with a population of 100,000 or more, and, when aggregation is necessary or desirable, by a state planning region.
(c) Other measures considered necessary by the legislature.
History:
1978, Act 609, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 609 of 1978 - Full Employment Planning Act of 1978 (408.901 - 408.909) › Section 408.909 - Biennial Labor Market Supply Report; Contents; Compliance With Reporting Requirements and Procedures.

408.909 Biennial labor market supply report; contents; compliance with reporting requirements and procedures.
Sec. 9.
(1) In conjunction with the directors of the senate and house fiscal agencies, the legislature shall develop a biennial labor market supply report for the previous year, the current year, the budget year, and for 4 more years thereafter, the actual plan and estimated persons, by age, race, sex, skill, grade, or degree level, who have left or completed, or who will leave or complete, their enrollment in all state educational, vocational, skill training courses, schools, and institutions, private or public, operating in this state. The report shall be presented in November of 1981, and every odd year thereafter.
(2) Each state educational, vocational, or training school and institution, including the institutions of higher education which are supported by public funds or which are licensed by the state, shall comply with the reporting requirements and procedures established by the legislature for the purpose of preparing the report required by subsection (1).
History:
1978, Act 609, Eff. Mar. 30, 1979 ;-- Am. 1981, Act 131, Imd. Eff. Oct. 5, 1981
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 232 of 2023 - Community and Worker Economic Transition Act (408.911 - 408.919) › Section 408.911 - Short Title.

408.911 Short title.
Sec. 1.
This act may be cited as the "community and worker economic transition act".
History:
2023, Act 232, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 232 of 2023 - Community and Worker Economic Transition Act (408.911 - 408.919) › Section 408.913 - Definitions; D to M.

408.913 Definitions; D to M.
Sec. 3.
As used in this act:
(a) "Department" means the department of labor and economic opportunity.
(b) "Department director" means the director of the department.
(c) "Municipality" means a city, township, or village.
History:
2023, Act 232, Eff. Feb. 13, 2024