reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.805 - Michigan Heritage Publications Fund; Creation; Deposit of Money or Assets; Investment; Credit of Interest and Earnings; Money Remaining at Close of Fiscal Year; Administrator; Use of Money.

399.805 Michigan heritage publications fund; creation; deposit of money or assets; investment; credit of interest and earnings; money remaining at close of fiscal year; administrator; use of money.
Sec. 5.
(1) The Michigan heritage publications fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the publications fund. The state treasurer shall direct the investment of the publications fund. The state treasurer shall credit to the publications fund interest and earnings from publications fund investments.
(3) Money in the publications fund at the close of the fiscal year shall remain in the publications fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the publications fund for auditing purposes.
(5) The department shall use money in the publications fund, upon appropriation, to pay the production, printing, distribution, and promotion costs of historical materials listed in section 4 and to support center programs.
History:
2016, Act 470, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.806 - Establishment and Operation of Store.

399.806 Establishment and operation of store.
Sec. 6.
(1) The department may establish and operate a store at the center or may enter into an agreement for the establishment and operation of a store at the center. The store may acquire and sell items that pertain to the collections of the center or the purpose of the center. Items sold by the store may be acquired by purchase, gift, or consignment and may be sold at the discretion of the center. The center shall allow a blind person to have priority to establish vending and cafeteria operations at the center, as authorized by 1978 PA 260, MCL 393.351 to 393.368.
(2) A charge shall be established for each item offered for sale at the store. The charge may include markups and discounts that are commensurate with industry practice. The department may accept cash, check, or credit card payments as compensation for items sold at the store. The department shall determine which credit cards will be accepted for payment. The department may purchase and place advertisements concerning items offered for sale at the store. The store may utilize the services of high school cooperative students and volunteers.
(3) Money collected under this section shall be forwarded to the state treasurer for deposit into the operations fund.
(4) For purposes of administering the museum store, the department is exempt from section 261 of the management and budget act, 1984 PA 431, MCL 18.1261.
History:
2016, Act 470, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.807 - Artifacts.

399.807 Artifacts.
Sec. 7.
(1) Within the center, museum responsibilities include, but are not limited to, accessioning and deaccessioning artifacts that should be preserved for future generations, providing stewardship for and access to those artifacts, managing historic sites and museums that are owned by this state, creating interpretive plans and exhibits for its managed sites and other sites within the department with the exception of those operated by the Mackinac State Historic Parks, and administering programs that support and extend the visitor experience at its managed sites.
(2) Proceeds in excess of costs incurred in the conduct of auctions, sales, or transfers of artifacts no longer considered suitable for the collection of the museum may be expended upon receipt for additional materials for the collection. The department shall notify the chairpersons, vice-chairpersons, and minority vice-chairpersons of the senate and house appropriations subcommittees on natural resources 1 week prior to any auctions or sales.
(3) Money collected under this section shall be forwarded to the state treasurer for deposit into the operations fund.
History:
2016, Act 470, Eff. Apr. 5, 2017 ;-- Am. 2017, Act 187, Eff. Feb. 19, 2018
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.808 - Michigan History Center Operations Fund; Creation; Deposit of Money or Assets; Investment; Credit of Interest and Earnings; Money Remaining at Close of Fiscal Year; Administrator; Expenditures; Annual Report.

399.808 Michigan history center operations fund; creation; deposit of money or assets; investment; credit of interest and earnings; money remaining at close of fiscal year; administrator; expenditures; annual report.
Sec. 8.
(1) The Michigan history center operations fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the operations fund. The state treasurer shall direct the investment of the operations fund. In consultation with the department, the state treasurer may create subaccounts within the operations fund. The state treasurer shall credit to the operations fund interest and earnings from operations fund investments.
(3) Money in the operations fund at the close of the fiscal year shall remain in the operations fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the operations fund for auditing purposes.
(5) The department shall expend money in the operations fund, upon appropriation, to do any of the following:
(a) Purchase artifacts for the collections of the center.
(b) Restore artifacts in the collections of the center.
(c) Advertise and pay for educational programs, special exhibits, and special events, including performers, presented at the center or another museum or historical facility operated by the department.
(d) Provide free materials to school groups.
(e) Purchase items offered for sale at the store.
(f) Pay for any other expense incurred by the center.
(g) Implement the Governor John B. Swainson Michigan historical markers act, 1955 PA 10, MCL 399.151 to 399.160.
(6) The department shall annually prepare a report containing an accounting of revenues and expenditures from the operations fund for the previous fiscal year. The report shall include information about the location of any markers erected during the previous fiscal year. This report shall be provided to the senate and house of representatives appropriations committees and the standing committees of the senate and house of representatives with jurisdiction over issues pertaining to natural resources and the environment.
History:
2016, Act 470, Eff. Apr. 5, 2017 ;-- Am. 2017, Act 187, Eff. Feb. 19, 2018
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.809 - Archives.

399.809 Archives.
Sec. 9.
Within a site the center operates, the archives of Michigan shall provide stewardship for archival records in all media, oral histories, and published family history reference materials. The archives' responsibilities include, but are not limited to, determining which state government records should be transferred to the archives for permanent preservation, collecting and preserving other records that document life in this state, creating on-site and online access to its collections, certifying state documents, including the current state constitution, for legal purposes, and working with local governments to ensure the preservation of their archival records.
History:
2016, Act 470, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.810 - Confidentiality of Records.

399.810 Confidentiality of records.
Sec. 10.
(1) A record obtained by the archives from a governmental agency that maintained the material on a confidential basis shall be kept confidential pursuant to the terms of a written agreement. The written agreement shall be signed by the director or a representative of the department and a representative of the donating agency, shall specify the terms and conditions under which the record is to be kept confidential, and may include a provision for releasing the record for research purposes if the name of each individual identified in the record is protected from disclosure.
(2) If the archives obtains a record from a person under a written agreement specifying that the record is confidential, the archives shall keep the record confidential and not make the record open to public inspection or copying for the period stated in the agreement, which shall not be more than 20 years, or shall terminate at the death of the person, whichever occurs first.
(3) This section applies only to a record that is exempt from the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, before receipt by the archives.
(4) A public record that is classified as confidential, including, but not limited to, birth records and death records, shall be made available for inspection and copying 75 years after the creation of that record. However, birth name indexes shall be made available after 100 years and a birth record shall be made available for inspection and copying 110 years after the creation of that record.
History:
2016, Act 470, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.811 - Collection of Records From Public Offices; Records Retention Schedule.

399.811 Collection of records from public offices; records retention schedule.
Sec. 11.
(1) The archives may collect from the public offices in this state records that are not in current use and are of value, in the opinion of the archives. A public official shall assist the archives in the collection of these records. The archives is the legal custodian of these records collected and transferred to its possession. The archives shall provide for record preservation, classification, arranging, and indexing so that they may be made available for the use of the public. If the archives determines that a public institution has a fireproof building and suitable arrangements for carefully keeping and safely storing a county's records, records may be left in the possession of that institution. A list of the county records in the possession of another public institution shall be furnished to the archives and shall be kept in its office. A copy of the finding of the archives that such depository is a safe and a proper one in its opinion shall be made a part of the official records of the archives. If made and certified to by the archivist of the center, a copy of such a record shall be admitted in evidence in court, with the same effect as if certified to by the original custodian of the record.
(2) A record that is required to be kept by a public officer in the discharge of duties imposed by law, that is required to be filed in a public office, or that is a memorial of a transaction of a public officer made in the discharge of a duty is the property of this state and shall not be disposed of, mutilated, or destroyed except as provided by law. This section does not apply to a bond, bill, note, interest coupon, or other evidence of indebtedness issued by a state, county, multicounty, school, or municipal agency, department, board, commission, or institution of government. The directing authority of each state, county, multicounty, school, or municipal agency, department, board, commission, or institution of government shall present to the archives a certified schedule governing disposal of, or a certified list or description of, the records that are useless and of no value to the governmental agency and to its duties to the public. The archives shall then inspect the records and shall requisition for transfer from the directing authority to the archives those records that the archives considers valuable.
(3) As soon as possible after the inspection by the archives and the transfer of records considered valuable are completed, the directing authority of the agency, department, board, commission, or institution shall submit the records retention schedule governing the disposal of, or the remainder of the list of, the records to the state administrative board, which shall approve or disapprove the disposal schedule or list and order the destruction of the valueless records accordingly.
History:
2016, Act 470, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 470 of 2016 - Michigan History Center Act (399.801 - 399.812) › Section 399.812 - Rules.

399.812 Rules.
Sec. 12.
The department may promulgate rules necessary to implement this act.
History:
2016, Act 470, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 469 of 2016 - Michigan Historical Commission Act (399.831 - 399.833) › Section 399.831 - Short Title.

399.831 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan historical commission act".
History:
2016, Act 469, Eff. Apr. 5, 2017
2023 Michigan Compiled Laws › Chapter 399 - Historical Records and Sites › Act 469 of 2016 - Michigan Historical Commission Act (399.831 - 399.833) › Section 399.832 - Definitions.

399.832 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the Michigan historical commission created in section 3.
(b) "Department" means the department of natural resources.
(c) "Michigan history center" means the Michigan history center established in the Michigan history center act.
History:
2016, Act 469, Eff. Apr. 5, 2017 ;-- Am. 2017, Act 188, Eff. Feb. 19, 2018
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.1a - Social Welfare Act; Short Title.

400.1a Social welfare act; short title.
Sec. 1a.
This act shall be known and may be cited as "The social welfare act".
History:
Add. 1943, Act 85, Eff. July 30, 1943 ;-- CL 1948, 400.1a
Compiler's Notes:
For creation of department of health and human services and abolishment of department of human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.1b - Annual Appropriation Act as Time-Limited Addendum; Inclusion of Program Not as Entitlement.

400.1b Annual appropriation act as time-limited addendum; inclusion of program not as entitlement.
Sec. 1b.
(1) This act shall be read in conjunction with the annual appropriation act appropriating funds for the department for each fiscal year. The annual appropriation act shall be considered as a time-limited addendum to this act.
(2) A program created in or authorized under this act is subject to the annual appropriation of funds. The inclusion of a program in this act does not create an entitlement to that program, and any state department responsible for administering a program under this act is not required to operate that program unless the legislature appropriates funds for that program.
History:
Add. 1969, Act 278, Imd. Eff. Aug. 11, 1969 ;-- Am. 1995, Act 223, Eff. Mar. 28, 1996 ;-- Am. 2010, Act 173, Imd. Eff. Sept. 30, 2010
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.1c - Compensation of Certain Employees Injured During Course of Employment as Result of Assault by Recipient of Social Services.

400.1c Compensation of certain employees injured during course of employment as result of assault by recipient of social services.
Sec. 1c.
(1) A person employed by the department of social services at the W.J. Maxey campus in Whitmore lake or any of its affiliated facilities, at the Adrian training school in Adrian, the Arbor Heights center in Ann Arbor, Camp Nokomis in Prudenville, Camp Shawano in Grayling, or a similar facility under the jurisdiction of the department established or funded by the state after the effective date of this section, who is injured during the course of his or her employment as a result of an assault by a recipient of social services shall receive his or her full wages by the state department until worker's compensation benefits begin and then shall receive in addition to worker's compensation benefits a supplement from the state department which together with the worker's compensation benefits shall equal but not exceed the weekly net wage of the employee at the time of the injury. This supplement shall only apply while the person is on the state department's payroll and is receiving worker's compensation benefits and shall include an employee who is currently receiving worker's compensation due to an injury covered by this section. Fringe benefits normally received by an employee shall be in effect during the time the employee receives the supplement provided by this section from the department.
(2) Subsection (1) shall apply whether the employee was directly assaulted or was assaulted as a result of aiding another employee in subduing a recipient.
History:
Add. 1978, Act 131, Imd. Eff. May 4, 1978
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.3 - Family Independence Agency; Director; Appointment; Salary; Expenses; Intent as to References.

400.3 Family independence agency; director; appointment; salary; expenses; intent as to references.
Sec. 3.
(1) The director of the family independence agency shall be appointed by the governor with the advice and consent of the senate, and shall serve at the pleasure of the governor. The director shall be the executive officer of the family independence agency and shall be responsible to the governor for performing his or her duties.
(2) The director shall receive such salary as shall be appropriated by the legislature, and shall receive actual and necessary traveling and other expenses incurred in the discharge of his or her official duties, to be paid in the same manner as salaries and expenses of other state employees are paid.
(3) Whenever reference is made in this act to the "bureau of social security", or the "state bureau", reference shall be deemed to be intended to be made to the family independence agency.
(4) Whenever reference is made in this act to the "supervisor of the state bureau", reference shall be deemed to be made to the director of the family independence agency.
(5) For counties having a population of 600,000 or less and for all cities regardless of population, whenever reference is made in this act to the "county bureau of social aid", reference shall be deemed to be made to the county or city family independence agency.
History:
1939, Act 280, Imd. Eff. June 16, 1939 ;-- Am. 1945, Act 217, Eff. May 18, 1945 ;-- CL 1948, 400.3 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957 ;-- Am. 1965, Act 401, Imd. Eff. Oct. 27, 1965 ;-- Am. 1996, Act 483, Imd. Eff. Dec. 27, 1996
Compiler's Notes:
The office of director of the state department of social welfare, referred to in this section, was transferred to the department of social services by MCL 16.553.For creation of department of health and human services and abolishment of department of human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.3a - Advisory Committee; Establishment; Appointment of Members; Recommendations From County Social Services Boards and County Social Services Association; Advising on Statutes and Policies.

400.3a Advisory committee; establishment; appointment of members; recommendations from county social services boards and county social services association; advising on statutes and policies.
Sec. 3a.
(1) There is established an advisory committee to the state department consisting of 10 members appointed by the Michigan county social services association in accordance with a plan adopted by a majority of the members of the association. The association shall receive recommendations from the county social service boards and annually prepare and submit recommendations to the director. The director shall receive and respond to recommendations from the association on matters including but not limited to:
(a) The preparation of annual budget recommendations for the department prior to submission to the governor.
(b) Priorities for social services components of the state social services plan prepared in compliance with Title XX of the federal social security act, Public Law 93-641, and subsequent amendments.
(c) Program and policy guidelines relating to the conduct of and eligibility standards for general public relief and burial.
(d) Development and implementation of complementary policies between the department and county social service boards to promote local initiative efforts in work incentive and employment skills training programs.
(e) Policies and procedures relating to medicaid, food stamps, aid to families of dependent children and child welfare programs.
(2) The association may periodically advise the director, the governor, and the legislature on statutes and policies relating to state and local social services.
History:
Add. 1965, Act 401, Imd. Eff. Oct. 27, 1965 ;-- Am. 1975, Act 237, Eff. Dec. 1, 1975
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.4 - Executive Heads of State Institutions; Appointment; Employees, Salaries and Expenses.

400.4 Executive heads of state institutions; appointment; employees, salaries and expenses.
Sec. 4.
The commission shall appoint the executive heads of all state institutions and facilities under the supervision of the state department, and such assistants and employees for them and the state department, and may incur such other expenses as may be necessary to carry out the provisions of this act. The executive head of each state institution under the supervision of the state department shall be responsible for the employment of all assistants and employees thereof. The compensation of all such assistants and employees, and the number thereof, shall be within the appropriations made therefor by the legislature. Such assistants and employees shall receive their actual and necessary traveling and other expenses incurred in the discharge of their official duties. All salaries and expenses shall be paid in the same manner as the salaries and expenses of other state employees are paid.
History:
1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.4 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.5 - Divisions Within State Department of Social Welfare; Creation, Abolition.

400.5 Divisions within state department of social welfare; creation, abolition.
Sec. 5.
The commission is hereby authorized and empowered to create or abolish divisions within the state department for the economic and efficient administration of the work of such department, and to allocate and re-allocate their several functions and duties.
History:
1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.5
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.5a - Adverse Action Against Child Placing Agency Prohibited; Basis.

400.5a Adverse action against child placing agency prohibited; basis.
Sec. 5a.
In accordance with section 23g of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.23g, and sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, the department shall not take an adverse action against a child placing agency on the basis that the child placing agency has declined or will decline to provide services that conflict with, or provide services under circumstances that conflict with, the child placing agency's sincerely held religious beliefs contained in a written policy, statement of faith, or other document adhered to by the child placing agency.
History:
Add. 2015, Act 55, Eff. Sept. 9, 2015
Compiler's Notes:
Enacting section 1 of Act 55 of 2015 provides:"Enacting section 1. It is the intent of the legislature to protect child placing agencies' free exercise of religion protected by the United States constitution and the state constitution of 1963. This amendatory act is not intended to limit or deny any person's right to adopt a child or participate in foster care."
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.7 - Rules and Regulations; Publication, Seal, Certified Copies as Evidence; Body Corporate, Powers.

400.7 Rules and regulations; publication, seal, certified copies as evidence; body corporate, powers.
Sec. 7.
The commission may devise a seal, and the rules and regulations of the commission may be published over the seal of the commission. Copies of all records and papers in the office of the state department, certified by a duly authorized agent of the commission and authenticated by the seal of the commission, shall be evidence in all cases equally, and with the like effect, as the originals. The commission shall be a body corporate, and is hereby authorized to lease any lands under its jurisdiction and to do any other act or thing necessary in carrying out the provisions of this act.
History:
1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.7
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.8 - Witnesses; Compelled Attendance, Oaths; Jurisdiction of Courts.

400.8 Witnesses; compelled attendance, oaths; jurisdiction of courts.
Sec. 8.
Any member of the commission or the director may issue a subpoena requiring any person to appear and be examined with reference to any matter within the jurisdiction of the commission and within the scope of the inquiry or investigation being conducted by the said commission or director, and to produce any books, records or papers, pertinent to such inquiry. Any member of the commission, the director, or their duly authorized agents, may administer an oath to a witness in any pending matter. In case of disobedience of a subpoena, the commission or director may by petition invoke the aid of the circuit court of the county in which the witness resides, or the circuit court of the county in which the inquiry is being held, to require the attendance and testimony of witnesses and the production of books, papers and documents. Any such circuit court of the state, may, in case of contumacy or refusal to obey a subpoena, issue an order requiring such person to appear and to produce books, records, and papers if so ordered and give evidence touching the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof.
History:
1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.8 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.9 - Rules for Conduct of Hearings; Procedure; Hearing Authority; Powers and Duties; Review; Representation of Department; Compliance With Open Meetings Act.

400.9 Rules for conduct of hearings; procedure; hearing authority; powers and duties; review; representation of department; compliance with Open Meetings Act.
Sec. 9.
(1) Pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, the director shall promulgate rules for the conduct of hearings within the state department. The rules shall provide adequate procedure for a fair hearing of appeals and complaints, when requested in writing by the state department or by an applicant for or recipient of, or former recipient of, assistance or service, financed in whole or in part by state or federal funds. Hearings shall be conducted by agents designated by the director. The director may appoint a hearing authority to decide these cases. The hearing authority shall be vested with the powers and duties of the director to hold and decide hearings. The director may also upon his or her own motion review a decision of a county or district department with respect to the granting of assistance financed in whole or in part by state or federal funds, and may consider and pass upon an application for assistance that has not been acted upon by the county or district department within a reasonable time.
(2) Irrespective of funding source, the state department may be represented in any hearing held pursuant to subsection (1) by a duly authorized employee or agent of the state department.
(3) A hearing held pursuant to this section shall be held as prescribed in the open meetings act, Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
History:
1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.9 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957 ;-- Am. 1965, Act 401, Imd. Eff. Oct. 27, 1965 ;-- Am. 1971, Act 193, Imd. Eff. Dec. 20, 1971 ;-- Am. 1978, Act 224, Imd. Eff. June 13, 1978 ;-- Am. 1982, Act 131, Imd. Eff. Apr. 20, 1982 ;-- Am. 1993, Act 41, Imd. Eff. May 27, 1993
Popular Name:
Act 280
Admin Rule:
R 400.1 et seq.; R 400.3351; and R 400.3401 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.10a - Disclosure of Certain Recipients to Law Enforcement Agency; Federal Approval; Definitions.

400.10a Disclosure of certain recipients to law enforcement agency; federal approval; definitions.
Sec. 10a.
(1) Notwithstanding any other provision of this act, and subject to subsection (2), the department shall disclose the address of a recipient, applicant, or known member of a recipient's or applicant's household to a federal, state, or local law enforcement officer if the officer furnishes the department with the name of the recipient, applicant, or known member of the recipient's or applicant's household, the recipient's, applicant's, or member's social security number or other identifying information, if known, and information showing that the recipient, applicant, or member of the household is subject to arrest under an outstanding warrant arising from a felony charge or under an outstanding warrant for extradition arising from a criminal charge in another jurisdiction, or is a material witness in a criminal case arising from a felony charge.
(2) If federal approval is required in order to prevent the loss of federal reimbursement as a result of the application of this section to a recipient receiving family independence assistance or food stamps, the department shall promptly take any action necessary to obtain federal approval. In the absence of any necessary federal approval, the department shall apply this section only to recipients of state family assistance and state disability assistance.
(3) As used in this section, section 10b, and section 10c:
(a) "Felony" means a violation of a penal law of this state or the United States for which the offender may be punished by imprisonment for more than 1 year, an offense expressly designated by law to be a felony, or a violation of felony probation or parole.
(b) "Known member of a recipient's household" means an individual listed on the recipient's application for public assistance as an individual who is living with the recipient.
(c) "Material witness" means an individual who is required by subpoena, summons, certificate, or other order of a court to appear and give testimony in a criminal case.
(d) "Public assistance" means family independence program, state family assistance, state disability assistance, food assistance program, or child development and care program provided under this act.
(e) "Recipient" means an individual receiving public assistance.
History:
Add. 1996, Act 190, Eff. Oct. 1, 1996 ;-- Am. 2011, Act 198, Imd. Eff. Oct. 18, 2011
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.10d - Determination of Financial Eligibility for Family Independence Program; Application of Asset Test.

400.10d Determination of financial eligibility for family independence program; application of asset test.
Sec. 10d.
For the purposes of determining financial eligibility for the family independence program administered under this act, the department must apply an asset test.
History:
Add. 2012, Act 79, Imd. Eff. Apr. 11, 2012 ;-- Am. 2023, Act 53, Eff. Feb. 13, 2024
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.10e - Determination of Financial Eligibility for Family Independence Program and Food Assistance Program; Inclusion of Money Received From Lottery or Gambling Winnings.

400.10e Determination of financial eligibility for family independence program and food assistance program; inclusion of money received from lottery or gambling winnings.
Sec. 10e.
Money received from lottery winnings or other gambling winnings shall be included when determining financial eligibility for the family independence program and the food assistance program administered under this act as follows:
(a) If received as a lump-sum payment, lottery winnings and other gambling winnings shall be counted as assets.
(b) If received in installment payments, lottery winnings and other gambling winnings shall be counted as unearned income.
History:
Add. 2012, Act 78, Imd. Eff. Apr. 11, 2012
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.10e[1] - Repealed. 2013, Act 41, Imd. Eff. June 5, 2013.

400.10e[1] Repealed. 2013, Act 41, Imd. Eff. June 5, 2013.
Compiler's Notes:
The repealed section pertained to performance of incarceration match to determine eligibility for bridge card.
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.10f - Performance of Monthly Incarceration Match to Determine Eligibility for Bridge Card; Issuance Prohibited or Terminated; Performance of Monthly Match to Determine if Recipient Is Deceased.

400.10f Performance of monthly incarceration match to determine eligibility for bridge card; issuance prohibited or terminated; performance of monthly match to determine if recipient is deceased.
Sec. 10f.
(1) The department shall perform an incarceration match monthly to obtain information to assist in determining eligibility based on incarceration status.
(2) If the department determines that a recipient is incarcerated at the time the incarceration match is performed, the department shall not issue a bridge card to that incarcerated recipient. If a bridge card has already been issued to the incarcerated recipient, the department shall terminate that recipient's bridge card access.
(3) The department shall perform a monthly match using the United States social security death index database to determine if a recipient is deceased. If the department determines that a recipient is deceased at the time the United States social security death index match is performed, the department shall not issue a bridge card to that deceased recipient. If a bridge card has already been issued to the deceased recipient, the department shall terminate that recipient's bridge card access.
History:
Add. 2013, Act 41, Imd. Eff. June 5, 2013
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.10g - Determination of Financial Eligibility; Money Associated With Designated Beneficiary's Able Savings Account; "Able Savings Account", "Designated Beneficiary", and "Qualified Disability Expenses" Defined.

400.10g Determination of financial eligibility; money associated with designated beneficiary's ABLE savings account; "ABLE savings account", "designated beneficiary", and "qualified disability expenses" defined.
Sec. 10g.
(1) For any assistance program for which financial eligibility is determined under this act, the department shall disregard in its financial eligibility determination money associated with a designated beneficiary's ABLE savings account, including, but not limited to, all of the following:
(a) Money in a designated beneficiary's ABLE savings account.
(b) Earnings on money in a designated beneficiary's ABLE savings account.
(c) Contributions to a designated beneficiary's own ABLE savings account.
(d) Distributions from an ABLE savings account for the designated beneficiary's qualified disability expenses.
(2) As used in this section, "ABLE savings account", "designated beneficiary", and "qualified disability expenses" mean those terms as defined in section 2 of the Michigan achieving a better life experience (ABLE) program act.
History:
Add. 2015, Act 162, Eff. Jan. 26, 2016
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.11 - Definitions.

400.11 Definitions.
Sec. 11.
As used in this section and sections 11a to 11f:
(a) "Abuse" means harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.
(b) "Adult in need of protective services" or "adult" means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.
(c) "Exploitation" means an action that involves the misuse of an adult's funds, property, or personal dignity by another person.
(d) "Neglect" means harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.
(e) "Protective services" includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect, or exploitation.
(f) "Vulnerable" means a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.
History:
Add. 1982, Act 519, Eff. Mar. 30, 1983 ;-- Am. 1990, Act 122, Imd. Eff. June 26, 1990
Compiler's Notes:
Former MCL 400.11, creating an irrevocable medical assistance account within the general fund, was repealed by Act 321 of 1966.
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.11c - Confidentiality of Identity of Person Making Report; Immunity From Civil Liability; Presumption; Extent of Immunity; Abrogation of Privileged Communication; Exception; Sharing of Information and Records.

400.11c Confidentiality of identity of person making report; immunity from civil liability; presumption; extent of immunity; abrogation of privileged communication; exception; sharing of information and records.
Sec. 11c.
(1) The identity of a person making a report under section 11a or 11b shall be confidential, subject only to disclosure with the consent of that person or by judicial process. A person acting in good faith who makes a report or who assists in the implementation of sections 11 to 11f is immune from civil liability that might otherwise be incurred by making the report or by assisting in the making of the report. A person making a report or assisting in the implementation of sections 11 to 11f is presumed to have acted in good faith. The immunity from civil liability extends only to an act performed under sections 11 to 11f and does not extend to a negligent act that causes personal injury or death.
(2) Any legally recognized privileged communication, except that between attorney and client and except as specified in section 11a(2), is abrogated and does not constitute grounds for excusing a report otherwise required to be made under this act.
(3) Notwithstanding any other confidentiality provision in this act and sections 5 and 7(2) of the child protection law, 1975 PA 238, MCL 722.625 and 722.627, information or records in the possession of the department or the department of licensing and regulatory affairs may be shared to the extent necessary for the proper functioning of the department or the department of licensing and regulatory affairs in administering child or adult welfare or child or adult foster care facility licensing under this act or in an investigation conducted under section 43b. Information or records shared under this subsection shall not be released by the department or the department of licensing and regulatory affairs unless otherwise permitted under this act or other state or federal law.
History:
Add. 1982, Act 519, Eff. Mar. 30, 1983 ;-- Am. 2016, Act 493, Eff. Apr. 6, 2017
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.11d - Availability of Writing to Public; Exception; Correction of Inaccurate Statements; Identification of Unsubstantiated Statements.

400.11d Availability of writing to public; exception; correction of inaccurate statements; identification of unsubstantiated statements.
Sec. 11d.
(1) Except as provided in section 5 of the financial exploitation prevention act, a writing prepared, owned, used, in the possession of, or retained by the state department in the performance of its duties under this act must be made available to the public in compliance with freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The state department shall correct any inaccurate statement and shall clearly identify any unsubstantiated statement in a record or report provided to the state department under sections 11 to 11e.
(3) Any person who is the subject of a report provided to the state department under sections 11 to 11e may request that the director correct an inaccurate report or clearly identify as unsubstantiated any record of a case for which the investigation did not reveal an incident described in sections 11 to 11e. If the director determines that the request is valid, the state department shall take the appropriate action. A correction or identification provided for in this subsection must not be made until an investigation has been completed and the case has been closed to receipt of adult protective services.
History:
Add. 1982, Act 519, Eff. Mar. 30, 1983 ;-- Am. 2020, Act 346, Eff. Sept. 26, 2021
Popular Name:
Act 280
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122) › 280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21) › Section 400.11e - Failure to Make Report; Liability; Disposition of Fine.

400.11e Failure to make report; liability; disposition of fine.
Sec. 11e.
(1) A person required to make a report pursuant to section 11a who fails to do so is liable civilly for the damages proximately caused by the failure to report, and a civil fine of not more than $500.00 for each failure to report.
(2) A civil fine which is ordered under subsection (1) shall be deposited in the general fund of the state, to be appropriated annually to the state department.
History:
Add. 1982, Act 519, Eff. Mar. 30, 1983
Popular Name:
Act 280