reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.305 - Work Training Programs; Work Experience.

409.305 Work training programs; work experience.
Sec. 5.
(1) Work training programs conducted under this act shall provide corpsmembers with work experience related to the conservation, improvement, or development of natural, cultural, and recreational resources and the enhancement, preservation, and maintenance of public lands, waters, and historic and archaeological resources. Work experience may include, but is not limited to, all of the following:
(a) Planting, pruning, and cutting of trees.
(b) Restoration or development of lakes, ponds, and waterways to be used as hunting and fishing sites and for other recreational purposes.
(c) Wildlife habitat development or enhancement.
(d) Parks and recreation site development or restoration.
(e) Trail development or restoration.
(f) Flood and drainage control programs, such as the cleaning and repair of waterways.
(g) Prevention of shore and soil erosion.
(h) Litter removal.
(i) Assistance in fire prevention and suppression.
(j) Assistance with conducting prescribed ecological fire treatments.
(k) Assistance in times and places of natural disasters.
(l) Reclamation of strip-mined land.
(m) Insect and pest control.
(n) Survey, protection, maintenance, and restoration of historic structures and archaeological sites.
(o) Survey and analysis of usage of parks, recreation sites, and trails.
(p) Outreach and educational programs.
(q) Activities that lead to improved public access, recreation opportunities, and natural resource-based economic activities on state-owned land under control of the department.
(2) Work training programs shall be undertaken on state-owned lands under control of the department and shall be selected on the basis of the natural, cultural, or recreational resource benefits each offers, the opportunities for public use each offers, and the on the job training value of each.
(3) Work experience shall not include work on any project for removal or cleaning up of any toxic waste or other hazardous substance.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984 ;-- Am. 2012, Act 575, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.306 - Repealed. 2012, Act 576, Imd. Eff. Jan. 2, 2013.

409.306 Repealed. 2012, Act 576, Imd. Eff. Jan. 2, 2013.
Compiler's Notes:
The repealed section pertained to eligibility and hiring of corpsmember and notice and refusal to accept employment.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.306a - Eligibility.

409.306a Eligibility.
Sec. 6a.
An individual is eligible to become a corpsmember if he or she meets all of the following requirements:
(a) Is a resident of the state.
(b) Except for supervisors, mentors, instructors, and trainers, is not less than 17 years of age and not more than 27 years of age on the date of application.
(c) Is interested in becoming a corpsmember to enhance the likelihood of obtaining future employment in a natural, cultural, or recreational resource-related career or to enhance educational opportunities in a natural, cultural, or recreational resource-related curriculum.
History:
Add. 2012, Act 575, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.307 - Duration of Employment; Compensation; Use of Funds.

409.307 Duration of employment; compensation; use of funds.
Sec. 7.
(1) The department shall not employ a corpsmember for more than 2 years.
(2) The department shall compensate a corpsmember at not more than twice the minimum wage established by law at the time of employment.
(3) The department may utilize corps funds for mentors, instructors, trainers, crew leaders, and other state workers employed to provide guidance and training to corpsmembers.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984 ;-- Am. 1989, Act 50, Imd. Eff. June 12, 1989 ;-- Am. 2012, Act 575, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.308 - Worker's Disability Compensation Insurance.

409.308 Worker's disability compensation insurance.
Sec. 8.
The department shall provide worker's disability compensation insurance for corpsmembers employed by the department, as provided under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 419.941.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984 ;-- Am. 2012, Act 575, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.309 - Medical Benefits.

409.309 Medical benefits.
Sec. 9.
Corpsmembers shall not receive state employee health benefits, except that corpsmembers who at the time of hire were receiving general assistance or aid to families with dependent children shall continue to receive, while they are corpsmembers, the medical benefits provided under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984 ;-- Am. 1985, Act 30, Imd. Eff. June 6, 1985 ;-- Am. 2012, Act 575, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.310 - Corpsmembers as State Employees.

409.310 Corpsmembers as state employees.
Sec. 10.
Corpsmembers shall not be considered state employees for purposes of membership in the state employees' retirement system.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.311 - Displacement of Workers Prohibited; Work or Labor Disputes.

409.311 Displacement of workers prohibited; work or labor disputes.
Sec. 11.
The corps programs established under this act shall not be designed so as to displace currently employed workers, and no corpsmember shall be used in any manner in connection with a work or labor dispute.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984 ;-- Am. 2012, Act 578, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.312 - Repealed. 2012, Act 576, Imd. Eff. Jan. 2, 2013.

409.312 Repealed. 2012, Act 576, Imd. Eff. Jan. 2, 2013.
Compiler's Notes:
The repealed section pertained to establishment of residential facilities.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.312a - Michigan Civilian Conservation Corps Endowment Fund; Creation; Disposition, Investment, and Credit of Money and Assets; Money to Remain in Endowment Fund; Administrator for Auditing Purposes; Expenditure of Interest and Earnings.

409.312a Michigan civilian conservation corps endowment fund; creation; disposition, investment, and credit of money and assets; money to remain in endowment fund; administrator for auditing purposes; expenditure of interest and earnings.
Sec. 12a.
(1) The Michigan civilian conservation corps endowment fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the endowment fund. The state treasurer shall direct the investment of the endowment fund. The state treasurer shall have the same authority to invest the assets of the endowment fund as is granted to an investment fiduciary under the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1141. The state treasurer shall credit to the endowment fund interest and earnings from endowment fund investments.
(3) Money in the endowment fund at the close of the fiscal year shall remain in the endowment fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend only the interest and earnings of the endowment fund for the operation of the corps.
History:
Add. 1994, Act 394, Imd. Eff. Dec. 29, 1994 ;-- Am. 2002, Act 57, Eff. Sept. 21, 2002 ;-- Am. 2007, Act 147, Imd. Eff. Dec. 10, 2007 ;-- Am. 2012, Act 578, Imd. Eff. Jan. 2, 2013 ;-- Am. 2018, Act 288, Eff. Sept. 27, 2018
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.313 - Annual Appropriation.

409.313 Annual appropriation.
Sec. 13.
The legislature annually shall appropriate not less than 85% of the interest and earnings of the endowment fund for the operation of the corps.
History:
1984, Act 22, Imd. Eff. Mar. 7, 1984 ;-- Am. 2012, Act 576, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-I - Chapter I Michigan Civilian Conservation Corps State Program (409.301...409.314) › Section 409.314 - Determination That Entity Identified or Established Pursuant to Chapter II May Achieve Benefits; Powers of Director.

409.314 Determination that entity identified or established pursuant to Chapter II may achieve benefits; powers of director.
Sec. 14.
If the director determines that the benefits to the state from the corps can be achieved in a more practicable manner through an entity identified or established pursuant to chapter II, the director may do both of the following:
(a) Enter into agreements with the entity to provide corpsmembers to the department for work training programs on state-owned lands under control of the department.
(b) Cease to operate the Michigan civilian conservation corps state program under this chapter.
History:
Add. 2012, Act 576, Imd. Eff. Jan. 2, 2013
Compiler's Notes:
Former MCL 409.314, which pertained to applicability of act, was repealed by Act 50 of 1989, Imd. Eff. June 12, 1989.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-II - Chapter II Michigan Civilian Conservation Corps Partnership (409.321...409.326) › Section 409.321 - Definitions.

409.321 Definitions.
Sec. 21.
As used in this chapter:
(a) "Committee" means the Michigan civilian conservation corps partnership steering committee created in section 22.
(b) "Corps" means the Michigan civilian conservation corps established pursuant to this chapter.
(c) "Corpsmember" means a participant in the corps.
(d) "Department" means the department of natural resources.
(e) "Director" means the director of the department.
(f) "Resident" means an individual who has in this state the individual's true, fixed, and permanent home and principal establishment to which the individual intends to return whenever absent. An individual is a resident until the individual establishes a permanent establishment outside this state.
History:
Add. 2012, Act 576, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-II - Chapter II Michigan Civilian Conservation Corps Partnership (409.321...409.326) › Section 409.323 - Identification of Entity; Purpose; Incorporation; Ceasing Operation.

409.323 Identification of entity; purpose; incorporation; ceasing operation.
Sec. 23.
(1) The committee shall seek out an entity that is willing to establish and operate a Michigan civilian conservation corps, in compliance with this chapter, for the purpose of doing all of the following:
(a) Conserving, improving, and developing this state's natural, cultural, and recreational resources.
(b) Enhancing, preserving, and maintaining public lands and waters through the employment of residents of this state in work training programs.
(c) Providing field experience and training to residents of this state who are interested in pursuing natural, cultural, and recreational resource-related careers.
(d) Enhancing public access, recreation opportunities, and natural resource-based economic activities on public lands.
(2) If the committee is unable to identify a suitable entity to operate a Michigan civilian conservation corps under subsection (1), the committee may incorporate a Michigan civilian conservation corps under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3193, for the purposes of this chapter.
(3) Following identification of a suitable entity under subsection (1) or the establishment of the nonprofit Michigan civilian conservation corps under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3193, the committee shall cease to operate.
History:
Add. 2012, Act 576, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-II - Chapter II Michigan Civilian Conservation Corps Partnership (409.321...409.326) › Section 409.324 - Work Experience.

409.324 Work experience.
Sec. 24.
(1) Work training programs conducted by the corps shall provide corpsmembers with work experience related to the conservation, improvement, or development of natural, cultural, and recreational resources and the enhancement, preservation, and maintenance of public lands, waters, and historic and archaeological resources that will increase corpsmembers' likelihood of obtaining future employment or enhancing future educational opportunities, or both. Work experience may include, but is not limited to, all of the following:
(a) Planting, pruning, and cutting of trees.
(b) Restoration or development of lakes, ponds, and waterways to be used as hunting and fishing sites and for other recreational purposes.
(c) Wildlife habitat development or enhancement.
(d) Parks and recreational site development or restoration.
(e) Trail development or restoration.
(f) Flood and drainage control programs, such as the cleaning and repair of waterways.
(g) Prevention of shore and soil erosion.
(h) Litter removal.
(i) Assistance in fire prevention and suppression.
(j) Assistance with conducting prescribed ecological fire treatments.
(k) Assistance in times and places of natural disasters.
(l) Reclamation of strip-mined land.
(m) Insect and pest control.
(n) Survey, protection, maintenance, and restoration of historic structures and archaeological sites.
(o) Survey and analysis of parks, recreation sites, and trails.
(p) Outreach and educational programs.
(q) Activities that lead to improved public access, recreation opportunities, and natural resource based economic activities on public lands.
(r) Administration or supervision of projects operated by the corps.
(2) Work training programs shall be undertaken on lands open for public use and shall be selected on the basis of the natural, cultural, or recreational resource benefits each offers, the opportunities for public use each offers, and the on-the-job training value of each.
(3) Work experience shall not include work on any project for removal or cleaning up of any toxic waste or other hazardous substance.
History:
Add. 2012, Act 576, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-II - Chapter II Michigan Civilian Conservation Corps Partnership (409.321...409.326) › Section 409.325 - Corpsmember; Eligibility; Duration of Employment.

409.325 Corpsmember; eligibility; duration of employment.
Sec. 25.
(1) An individual is eligible to become a corpsmember if he or she meets all of the following requirements:
(a) Is a resident of the state.
(b) Is not less than 17 years of age and, except for supervisors, mentors, instructors, and trainers, is not more than 27 years of age on the date of application.
(c) Is interested in becoming a corpsmember to enhance his or her likelihood of obtaining future employment in a natural, cultural, or recreational resource-related career or to enhance his or her educational opportunities in a natural, cultural, or recreational resource-related curriculum.
(2) The corps shall not employ a corpsmember for more than 2 years.
History:
Add. 2012, Act 577, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 22 of 1984 - Michigan Civilian Conservation Corps Act (409.301 - 409.326) › 22-1984-II - Chapter II Michigan Civilian Conservation Corps Partnership (409.321...409.326) › Section 409.326 - Duties.

409.326 Duties.
Sec. 26.
The corps shall do both of the following:
(a) Contact colleges and universities in this state with natural, cultural, or recreational resource related curricula to facilitate university-based programs that will do 1 or more of the following:
(i) Provide credit to corpsmembers for their participation in the corps.
(ii) Recognize participation in the corps for field experience.
(iii) Recognize participation in the corps as an internship.
(b) Collaborate with businesses, nonprofit organizations, and other interested persons to develop a funding source for the corps.
History:
Add. 2012, Act 577, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.101 - Short Title.

418.101 Short title.
Sec. 101.
This act shall be known and may be cited as the "worker's disability compensation act of 1969".
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1975, Act 279, Eff. Mar. 31, 1976
Compiler's Notes:
Former MCL 411.1 to 417.61, deriving from Act 10 of 1912 (1st Ex. Sess.) and pertaining to workmen's compensation, were repealed by Act 317 of 1969.For transfer of powers and duties relating to the promulgation of rules by the workers' compensation funds board of trustees, the workers compensation appellate commission, and the workers' compensation board of magistrates from the department of labor to the director the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.For abolishment of the qualifications advisory committee and establishment of the new qualifications advisory committee within the worker's compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For creation of the new workers' compensation appellate commission as a type I agency within the department of labor and economic growth, see E.R.O. No. 2003-1.For transfer of powers and duties of the former worker's compensation appellate commission to the new workers' compensation appellate commission, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of department of career development, including any board, commission, council, or similar entity within the department of career development, to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.111 - Persons Subject to Act.

418.111 Persons subject to act.
Sec. 111.
Every employer, public and private, and every employee, unless herein otherwise specifically provided, shall be subject to the provisions of this act and shall be bound thereby.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.118 - Domestic Servants.

418.118 Domestic servants.
Sec. 118.
(1) No household domestic servant shall be considered an employee if the person is a wife, child or other member of the employer's family residing in the home, and no householder shall be deemed a statutory principal within the meaning of section 171 for the purposes of this section.
(2) No private employer shall be liable under this act to any person who is employed by him as a household domestic servant for less than 35 hours per week for 13 weeks or longer during the preceding 52 weeks, notwithstanding the provisions of section 611 or any other provision of this act, unless such person assume liability under section 121.
(3) A household domestic servant or domestic as used in this act means a person who engages in work or activity relating to the operation of a household and its surroundings whether or not he resides therein.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.119 - Licensed Real Estate Salesperson or Associate Real Estate Broker as Employee.

418.119 Licensed real estate salesperson or associate real estate broker as employee.
Sec. 119.
A person who is licensed as a real estate salesperson or associate real estate broker under article 25 of Act No. 299 of the Public Acts of 1980, being sections 339.2501 to 339.2515 of the Michigan Compiled Laws, shall not be considered an employee for purposes of this act if both of the following conditions have been met:
(a) Not less than 75% of the remuneration of the salesperson or associate real estate broker is directly related to the volume of sales of real estate and not to the number of hours worked.
(b) The salesperson or associate real estate broker has a written agreement with the real estate broker who employs the salesperson or associate real estate broker, which states that the salesperson or associate real estate broker, as applicable, is not considered an employee for tax purposes.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.120 - Employee of Franchisee as Employee of Franchisor.

418.120 Employee of franchisee as employee of franchisor.
Sec. 120.
An employee of a franchisee is not an employee of the franchisor for purposes of this act unless both of the following apply:
(a) The franchisee and franchisor share in the determination of or codetermine the matters governing the essential terms and conditions of the employee's employment.
(b) The franchisee and franchisor both directly and immediately control matters relating to the employment relationship, such as hiring, firing, discipline, supervision, and direction.
History:
Add. 2015, Act 267, Eff. Mar. 22, 2016
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.121 - Private Employers; Voluntary Assumption of Coverage.

418.121 Private employers; voluntary assumption of coverage.
Sec. 121.
Any private employer not otherwise included by sections 115 and 118 may assume the liability for compensation and benefits imposed by this act upon employers. The purchase and acceptance by an employer of a valid compensation insurance policy, except in the case of domestics and agricultural employees, constitutes an assumption by him of such liability without any further act on his part, which assumption of liability shall take effect from the effective date of the policy and continue only as long as the policy remains in force, in which case the employer shall be subject to no liability other than workmen's compensation as provided for in this act. Agricultural and domestic employees may be voluntarily included by specific indorsement to a workmen's compensation policy in those cases where such coverage is not required.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.125 - Consistent Discharges to Evade Act; Presumption, Penalty.

418.125 Consistent discharges to evade act; presumption, penalty.
Sec. 125.
Any employer otherwise subject to the provisions of this act who consistently discharges employees within the minimum time specified in this chapter and replaces such discharged employees without a work stoppage will be presumed to have discharged them to evade the provisions of this act and is guilty of a misdemeanor.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.131 - Exclusive Remedy; Exception; “Employee” and “Employer” Defined.

418.131 Exclusive remedy; exception; “employee” and “employer” defined.
Sec. 131.
(1) The right to the recovery of benefits as provided in this act shall be the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception to this exclusive remedy is an intentional tort. An intentional tort shall exist only when an employee is injured as a result of a deliberate act of the employer and the employer specifically intended an injury. An employer shall be deemed to have intended to injure if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge. The issue of whether an act was an intentional tort shall be a question of law for the court. This subsection shall not enlarge or reduce rights under law.
(2) As used in this section and section 827, "employee" includes the person injured, his or her personal representatives, and any other person to whom a claim accrues by reason of the injury to, or death of, the employee, and "employer" includes the employer's insurer and a service agent to a self-insured employer insofar as they furnish, or fail to furnish, safety inspections or safety advisory services incident to providing worker's compensation insurance or incident to a self-insured employer's liability servicing contract.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1972, Act 285, Imd. Eff. Oct. 30, 1972 ;-- Am. 1987, Act 28, Imd. Eff. May 14, 1987 ;-- Am. 1993, Act 198, Eff. Dec. 28, 1994
Compiler's Notes:
Section 3 of Act 198 of 1993 provides as follows:“Section 3. (1)Except as provided in subsection (2), this amendatory act shall not take effect unless the state administrative board certifies in writing to the secretary of state by December 31, 1994 that an agreement for the transfer of all or substantially all of the assets and the assumption of all or substantially all of the liabilities of the state accident fund has been consummated with a permitted transferee pursuant to the requirements of section 701a of the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being section 418.701a of the Michigan Compiled Laws, as added by this amendatory act.“(2) Sections 700 and 701a as added by this amendatory act shall take effect upon the date of enactment of this amendatory act.”
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.141 - Employee; Action for Personal Injury or Death, Defenses Abolished.

418.141 Employee; action for personal injury or death, defenses abolished.
Sec. 141.
In an action to recover damages for personal injury sustained by an employee in the course of his employment or for death resulting from personal injuries so sustained it shall not be a defense:
(a) That the employee was negligent, unless it shall appear that such negligence was wilful.
(b) That the injury was caused by the negligence of a fellow employee.
(c) That the employee had assumed the risks inherent in or incidental to, or arising out of his employment, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.151 - Employers Subject to Act.

418.151 Employers subject to act.
Sec. 151.
The following constitutes employers subject to this act:
(a) The state; each county, city, township, incorporated village, and school district; each incorporated public board or public commission in this state authorized by law to hold property and to sue or be sued generally; and any library in a county with a population less than 600,000 established under Act No. 138 of the Public Acts of 1917, being sections 397.301 to 397.305 of the Michigan Compiled Laws, if the library board by resolution expresses its intention to be considered as a separate employer from the county where it is located for purposes of this act.
(b) Every person, firm, limited liability company, limited liability partnership, and private corporation, including any public service corporation, who has any person in service under any contract of hire, express or implied, oral or written, unless those employees excluded according to the provisions of section 161(5) comprise all of the employees of the person, firm, limited liability company, limited liability partnership, or corporation.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1982, Act 202, Imd. Eff. July 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1995, Act 206, Imd. Eff. Nov. 29, 1995
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-1 - Chapter 1 Coverage and Liability (418.101...418.171) › Section 418.155 - Agricultural Employer; Definition.

418.155 Agricultural employer; definition.
Sec. 155.
(1) An agricultural employer means one who hires a person performing services:
(a) On a farm, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife.
(b) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm.
(c) In connection with the production or harvesting of maple syrup or maple sugar or any commodity defined as an agricultural commodity or in connection with the raising or harvesting of mushrooms or in connection with the hatching of poultry or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for supplying and storing water for farming purposes.
(d) In handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity but only if such service is performed as an incident to ordinary farming operations or in the case of fruits and vegetables as an incident to the preparation of such fruits or vegetables for market. The provisions of this subdivision shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
(2) As used in this section, farm includes stock, dairy, poultry, fruit, fur-bearing animals and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.201 - Bureau of Worker's Compensation; Creation; Director.

418.201 Bureau of worker's compensation; creation; director.
Sec. 201.
The bureau of worker's compensation, herein referred to as the bureau, is created within the department of labor. The position of director of the bureau is created. The director shall possess the powers and perform the duties granted and imposed by this act. As used in this act, "director" means the director of the bureau or his or her duly authorized representative.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the workers' compensation agency as type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of worker's compensation and of its director, to the bureau of worker's compensation, and its director, under MCL 445.2004, to the workers' compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the workers' compensation agency from the department of licensing and regulatory affairs to the department of labor and economic opportunity and the renaming of workers; compensation agency as the workers' disability compensation agency, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.203 - Director; Appointment, Term, Salary, Removal, Vacancy, Expenses.

418.203 Director; appointment, term, salary, removal, vacancy, expenses.
Sec. 203.
The director shall be appointed by the governor, with the advice and consent of the senate, for a term of 3 years, beginning on February 1, 1967 and each 3 years thereafter. The director shall hold office until his successor is appointed and qualified. The director shall receive an annual salary as appropriated by the legislature. He shall be subject to removal by the governor for cause after due notice and hearing. A vacancy shall be filled for an unexpired term in the same manner as the original appointment. The director shall be entitled to necessary traveling expenses incurred in the performance of official duties subject to the standardized travel regulations of the state.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.205 - Powers and Duties of Director.

418.205 Powers and duties of director.
Sec. 205.
The director shall devote his or her entire time to and personally perform the duties of his or her office and shall engage in no other business or professional activity. He or she may make rules not inconsistent with this act for carrying out the provisions of the act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. He or she shall appoint assistants and employees as necessary, who are entitled to necessary travel expenses incurred in performing official duties subject to the standardized travel regulations of this state, and compensation in accordance with applicable civil service rules. He or she has general supervisory control of the agency and all its officers and employees. He or she has charge of assigning the work of the agency to the assistants and employees. Cases involving a carrier terminating the voluntary payment of benefits and cases involving a petition to stop or reduce compensation shall be held within 60 days and take precedence over other cases. The director may provide assistance to employers and employees in resolving small disputes. He or she has general charge of all administrative functions of the agency and may delegate the duties, administrative functions, and the authority incident to those duties and functions.
History:
1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1981 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.For creation of the workers' compensation agency as type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of worker's compensation and of its director, to the bureau of worker's compensation, and its director, under MCL 445.2004, to the workers' compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."For the transfer of powers and duties of the workers' compensation agency from the department of licensing and regulatory affairs to the department of labor and economic opportunity and the renaming of workers; compensation agency as the workers' disability compensation agency, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
Popular Name:
Act 317
Admin Rule:
R 408.31 et seq.; R 408.43i; R 408.43s; R 418.10101 et seq.; and R 418.10104 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.206 - Position of Hearing Referee Abolished; Powers and Duties of Worker's Compensation Magistrates; Hearings.

418.206 Position of hearing referee abolished; powers and duties of worker's compensation magistrates; hearings.
Sec. 206.
(1) The position of hearing referee under this act is abolished as of March 31, 1987.
(2) Only worker's compensation magistrates shall hear cases for which an application for a hearing under section 847 has been filed after March 31, 1986 and shall have the powers and perform the duties prescribed in this act.
(3) Any case for which an application for a hearing under section 847 has been filed before April 1, 1986 and which has not been heard by a hearing referee by March 31, 1987 shall be heard by a worker's compensation magistrate according to the law and procedures applicable to cases heard by hearing referees.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
Constitutionality:
Amendment of the workers' compensation act to abolish the civil service position of hearing referee and establish a Board of Magistrates in its place outside the civil service system to hear and adjudicate workers' compensation claims did not violate the civil service provision of the constitution. Civil Service Commission v Department of Labor, 424 Mich 571; 384 NW2d 728 (1986).
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.207 - Introductory and Continuing Legal Education Courses in Worker's Compensation.

418.207 Introductory and continuing legal education courses in worker's compensation.
Sec. 207.
The chairperson of the worker's compensation board of magistrates shall consult with law schools, the state bar of Michigan, and other legal associations for the purpose of establishing introductory and continuing legal education courses in worker's compensation. Worker's compensation magistrates, as a condition of continued employment, may be required to attend these courses. Applicants for the position of worker's compensation magistrate may also be required to attend these courses.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.209 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.209 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to appointment of 6-member qualifications advisory committee
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.210 - Appointment of Worker's Compensation Magistrate.

418.210 Appointment of worker's compensation magistrate.
Sec. 210.
The governor shall appoint as a worker's compensation magistrate within the Michigan administrative hearing system only an individual who is a member in good standing of the state bar of Michigan and has been an attorney licensed to practice in the courts of this state for 5 years or more.
History:
Add. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 ;-- Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Compiler's Notes:
For legislative intent as to severability, see Compiler's note to MCL 418.213.For abolishment of the qualifications advisory committee and establishment of the new qualifications advisory committee within the worker's compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.Enacting section 2 of Act 266 of 2011 provides:"Enacting section 2. This amendatory act applies to injuries incurred on or after its effective date."
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.211 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.211 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to appointment of hearing referees.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.215 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.215 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to providing space for bureau of workmen's compensation.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.221 - Blank Forms; Printing, Cost.

418.221 Blank forms; printing, cost.
Sec. 221.
The bureau shall print and furnish free of charge to any employer or employee such blank forms as the director deems requisite to facilitate or promote the efficient administration of this act.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.223 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.

418.223 Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Compiler's Notes:
The repealed section pertained to mediation of claims by parties.
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.225 - Statistics; Compiling, Annual Report.

418.225 Statistics; compiling, annual report.
Sec. 225.
The director shall cause such statistics incident to the functions of the bureau to be compiled as may be in his discretion advisable. On or before April 1 of each year the director shall make and file a report covering the year prior to the preceding January 1.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317
2023 Michigan Compiled Laws › Chapter 418 - Worker's Disability Compensation › Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941) › 317-1969-2 - Chapter 2 Administration (418.201...418.274) › Section 418.231 - Obsolete Records; Destruction.

418.231 Obsolete records; destruction.
Sec. 231.
At the discretion of the director, the bureau may destroy any record, file or paper pertaining to workmen's compensation 20 years after the date of injury to which the record, file or paper refers.
History:
1969, Act 317, Eff. Dec. 31, 1969
Popular Name:
Act 317