December 15, 2015, Introduced by Senators HOPGOOD, MARLEAU, BIEDA, NOFS, KNEZEK and JOHNSON and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20173a and 20173b (MCL 333.20173a and
333.20173b), as amended by 2014 PA 66.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20173a. (1) Except as otherwise provided in subsection
(2), a covered facility shall not employ, independently contract
with, or grant clinical privileges to an individual who regularly
has direct access to or provides direct services to patients or
residents in the covered facility if the individual satisfies 1 or
more of the following:
(a) Has been convicted of a relevant crime described under 42
USC 1320a-7(a).
(b) Has been convicted of any of the following felonies, an
attempt or conspiracy to commit any of those felonies, or any other
state or federal crime that is similar to the felonies described in
this subdivision, other than a felony for a relevant crime
described under 42 USC 1320a-7(a), unless 15 years have lapsed
since the individual completed all of the terms and conditions of
his or her sentencing, parole, and probation for that conviction
prior
to before the date of application for employment or clinical
privileges or the date of the execution of the independent
contract:
(i) A felony that involves the intent to cause death or
serious impairment of a body function, that results in death or
serious impairment of a body function, that involves the use of
force or violence, or that involves the threat of the use of force
or violence.
(ii) A felony involving cruelty or torture.
(iii) A felony under chapter XXA of the Michigan penal code,
1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony involving criminal sexual conduct.
(v) A felony involving abuse or neglect.
(vi) A felony involving the use of a firearm or dangerous
weapon.
(vii) A felony involving the diversion or adulteration of a
prescription drug or other medications.
(c) Has been convicted of a felony or an attempt or conspiracy
to commit a felony, other than a felony for a relevant crime
described under 42 USC 1320a-7(a) or a felony described under
subdivision (b), unless 10 years have lapsed since the individual
completed all of the terms and conditions of his or her sentencing,
parole,
and probation for that conviction prior to before the
date
of application for employment or clinical privileges or the date of
the execution of the independent contract.
(d) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 10 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving the use of a firearm or dangerous
weapon with the intent to injure, the use of a firearm or dangerous
weapon that results in a personal injury, or a misdemeanor
involving the use of force or violence or the threat of the use of
force or violence.
(ii) A misdemeanor under chapter XXA of the Michigan penal
code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A misdemeanor involving criminal sexual conduct.
(iv) A misdemeanor involving cruelty or torture unless
otherwise provided under subdivision (e).
(v) A misdemeanor involving abuse or neglect.
(e) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 5 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving cruelty if committed by an
individual who is less than 16 years of age.
(ii) A misdemeanor involving home invasion.
(iii) A misdemeanor involving embezzlement.
(iv) A misdemeanor involving negligent homicide or a violation
of section 601d(1) of the Michigan vehicle code, 1949 PA 300, MCL
257.601d.
(v) A misdemeanor involving larceny unless otherwise provided
under subdivision (g).
(vi) A misdemeanor of retail fraud in the second degree unless
otherwise provided under subdivision (g).
(vii) Any other misdemeanor involving assault, fraud, theft,
or the possession or delivery of a controlled substance unless
otherwise provided under subdivision (d), (f), or (g).
(f) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 3 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor for assault if there was no use of a firearm
or dangerous weapon and no intent to commit murder or inflict great
bodily injury.
(ii) A misdemeanor of retail fraud in the third degree unless
otherwise provided under subdivision (g).
(iii) A misdemeanor under part 74 unless otherwise provided
under subdivision (g).
(g) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the year immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor under part 74 if the individual, at the time
of conviction, is under the age of 18.
(ii) A misdemeanor for larceny or retail fraud in the second
or third degree if the individual, at the time of conviction, is
under the age of 16.
(h) Is the subject of an order or disposition under section
16b of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.16b.
(i) Engages in conduct that becomes the subject of a
substantiated finding of neglect, abuse, or misappropriation of
property
by a state or federal agency pursuant to under an
investigation conducted in accordance with 42 USC 1395i-3 or 1396r.
(2)
Except as otherwise provided in this subsection, or
subsection
(5), a covered facility shall not
employ, independently
contract with, or grant privileges to an individual who regularly
has direct access to or provides direct services to patients or
residents in the covered facility until the covered facility or
staffing agency has a criminal history check conducted in
compliance with this section or has received criminal history
record
information in compliance with subsections (3) and (10).
(6). This subsection and subsection (1) do not apply to any of the
following:
(a) An individual who is employed by, under independent
contract to, or granted clinical privileges in a covered facility
before April 1, 2006. On or before April 1, 2011, an individual who
is exempt under this subdivision and who has not been the subject
of a criminal history check conducted in compliance with this
section shall provide the department of state police with a set of
fingerprints and the department of state police shall input those
fingerprints into the automated fingerprint identification system
database
established under subsection (13). (9). An individual who
is exempt under this subdivision is not limited to working within
the covered facility with which he or she is employed by, under
independent contract to, or granted clinical privileges on April 1,
2006 but may transfer to another covered facility, adult foster
care facility, or mental health facility. If an individual who is
exempt under this subdivision is subsequently convicted of a crime
described under subsection (1)(a) to (g) or found to be the subject
of a substantiated finding described under subsection (1)(i) or an
order or disposition described under subsection (1)(h), or is found
to have been convicted of a relevant crime described under 42 USC
1320a-7(a), then he or she is no longer exempt and shall be
terminated from employment or denied employment or clinical
privileges.
(b) An individual who is under an independent contract with a
covered facility if he or she is not under the facility's control
and the services for which he or she is contracted are not directly
related to the provision of services to a patient or resident or if
the services for which he or she is contracted allow for direct
access to the patients or residents but are not performed on an
ongoing basis. This exception includes, but is not limited to, an
individual who is under an independent contract with the covered
facility to provide utility, maintenance, construction, or
communications services.
(3) An individual who applies for employment either as an
employee or as an independent contractor or for clinical privileges
with a staffing agency or covered facility and who has not been the
subject of a criminal history check conducted in compliance with
this section shall give written consent at the time of application
for the department of state police to conduct a criminal history
check under this section, along with identification acceptable to
the department of state police. If the applicant has been the
subject of a criminal history check conducted in compliance with
this section, the applicant shall give written consent at the time
of application for the covered facility or staffing agency to
obtain the criminal history record information as prescribed in
subsection
(4) from the relevant licensing or regulatory department
and for the department of state police to conduct a criminal
history check under this section if the requirements of subsection
(10)
(6) are not met and a request to the federal bureau
of
investigation
Federal Bureau of
Investigation to make a
determination of the existence of any national criminal history
pertaining to the applicant is necessary, along with identification
acceptable to the department of state police. Upon receipt of the
written consent to obtain the criminal history record information
and identification required under this subsection, the staffing
agency
or covered facility that has made a good faith good-faith
offer of employment or an independent contract or clinical
privileges to the applicant shall request the criminal history
record
information from the relevant licensing or regulatory
department and shall make a request regarding that applicant to the
relevant
licensing or regulatory department
to conduct a check of
all relevant registries in the manner required in subsection (4).
If
the requirements of subsection (10) (6) are not met and a
request
to the federal bureau of investigation Federal Bureau of
Investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is
necessary, the covered facility or staffing agency shall proceed in
the manner required in subsection (4). A staffing agency that
employs an individual who regularly has direct access to or
provides direct services to patients or residents under an
independent contract with a covered facility shall submit
information regarding the criminal history check conducted by the
staffing
agency to the covered facility that has made a good faith
good-faith offer of independent contract to that applicant.
(4) Upon receipt of the written consent to conduct a criminal
history check and identification required under subsection (3), a
staffing
agency or covered facility that has made a good faith
good-faith offer of employment or an independent contract or
clinical privileges to the applicant shall make a request to the
department of state police to conduct a criminal history check on
the applicant, to input the applicant's fingerprints into the
automated fingerprint identification system database, and to
forward
the applicant's fingerprints to the federal bureau of
investigation.
Federal Bureau of
Investigation. The department of
state
police shall request the federal bureau of investigation
Federal Bureau of Investigation to make a determination of the
existence of any national criminal history pertaining to the
applicant. The applicant shall provide the department of state
police with a set of fingerprints. The request shall be made in a
manner prescribed by the department of state police. The staffing
agency or covered facility shall make the written consent and
identification available to the department of state police. The
staffing agency or covered facility shall make a request regarding
that
applicant to the relevant licensing or regulatory department
to
conduct a check of all relevant registries established pursuant
to
under federal and state law and regulations for any
substantiated findings of abuse, neglect, or misappropriation of
property.
If the department of state police or the federal bureau
of
investigation Federal Bureau
of Investigation charges a fee for
conducting the criminal history check, the staffing agency or
covered facility shall pay the cost of the charge. If the
department
of state police or the federal bureau of investigation
Federal Bureau of Investigation charges a fee for conducting the
criminal history check, the department shall pay the cost of or
reimburse the charge for a covered facility that is a home for the
aged. The staffing agency or covered facility shall not seek
reimbursement for a charge imposed by the department of state
police
or the federal bureau of investigation Federal Bureau of
Investigation from the individual who is the subject of the
criminal history check. A prospective employee or a prospective
independent contractor covered under this section may not be
charged for the cost of a criminal history check required under
this section. The department of state police shall conduct a
criminal history check on the applicant named in the request. The
department of state police shall provide the department with a
written report of the criminal history check conducted under this
subsection. The report shall contain any criminal history record
information on the applicant maintained by the department of state
police. The department of state police shall provide the results of
the
federal bureau of investigation Federal
Bureau of Investigation
determination to the department within 30 days after the request is
made. If the requesting staffing agency or covered facility is not
a state department or agency and if criminal history record
information is disclosed on the written report of the criminal
history
check or the federal bureau of investigation Federal Bureau
of Investigation determination that resulted in a conviction, the
department shall notify the staffing agency or covered facility and
the applicant in writing of the type of crime disclosed on the
written
report of the criminal history check or the federal bureau
of
investigation Federal Bureau
of Investigation determination
without disclosing the details of the crime. Any charges imposed by
the
department of state police or the federal bureau of
investigation
Federal Bureau of
Investigation for conducting a
criminal history check or making a determination under this
subsection shall be paid in the manner required under this
subsection. The notice shall include a statement that the applicant
has
a right to appeal the information relied upon on by
the
staffing agency or covered facility in making its decision
regarding his or her employment eligibility based on the criminal
history check. The notice shall also include information regarding
where to file and describing the appellate procedures established
under section 20173b.
(5)
If a covered facility determines it necessary to employ or
grant
clinical privileges to an applicant before receiving the
results
of the applicant's criminal history check or criminal
history
record information under this section, the covered facility
may
conditionally employ or grant conditional clinical privileges
to
the individual if all of the following apply:
(a)
The covered facility requests the criminal history check
or
criminal history record information under this section upon
conditionally
employing or conditionally granting clinical
privileges
to the individual.
(b)
The individual signs a statement in writing that indicates
all
of the following:
(i) That he or she has not been convicted of 1 or more
of the
crimes
that are described in subsection (1)(a) to (g) within the
applicable
time period prescribed by each subdivision respectively.
(ii) That he or she is not the subject of an order or
disposition
described in subsection (1)(h).
(iii) That he or she has not been the subject of a
substantiated
finding as described in subsection (1)(i).
(iv) That he or she agrees that, if the information in
the
criminal
history check conducted under this section does not
confirm
the individual's statements under subparagraphs (i) to
(iii), his or her employment or clinical privileges will
be
terminated
by the covered facility as required under subsection (1)
unless
and until the individual appeals and can prove that the
information
is incorrect.
(v) That he or she understands that the conditions
described
in
subparagraphs (i) to (iv) may result in the termination of his
or
her employment or clinical privileges and that those conditions
are
good cause for termination.
(c)
Except as otherwise provided in this subdivision, the
covered
facility does not permit the individual to have regular
direct
access to or provide direct services to patients or
residents
in the covered facility without supervision until the
criminal
history check or criminal history record information is
obtained
and the individual is eligible for that employment or
clinical
privileges. If required under this subdivision, the
covered
facility shall provide on-site supervision of an individual
in
the covered facility on a conditional basis under this
subsection
by an individual who has undergone a criminal history
check
conducted in compliance with this section. A covered facility
may
permit an individual in the covered facility on a conditional
basis
under this subsection to have regular direct access to or
provide
direct services to patients or residents in the covered
facility
without supervision if all of the following conditions are
met:
(i) The covered facility, at its own expense and
before the
individual
has direct access to or provides direct services to
patients
or residents of the covered facility, conducts a search of
public
records on that individual through the internet criminal
history
access tool maintained by the department of state police
and
the results of that search do not uncover any information that
would
indicate that the individual is not eligible to have regular
direct
access to or provide direct services to patients or
residents
under this section.
(ii) Before the individual has direct access to or
provides
direct
services to patients or residents of the covered facility,
the
individual signs a statement in writing that he or she has
resided
in this state without interruption for at least the
immediately
preceding 12-month period.
(iii) If applicable, the individual provides to the
department
of
state police a set of fingerprints on or before the expiration
of
10 business days following the date the individual was
conditionally
employed or granted conditional clinical privileges
under
this subsection.
(6)
The department shall develop and distribute a model form
for
the statements required under subsection (5)(b) and (c). The
department
shall make the model form available to covered
facilities
upon request at no charge.
(7)
If an individual is employed as a conditional employee or
is
granted conditional clinical privileges under subsection (5),
and
the information under subsection (3) or report under subsection
(4)
does not confirm the individual's statement under subsection
(5)(b)(i) to (iii), the covered facility shall terminate the
individual's
employment or clinical privileges as required by
subsection
(1).
(8)
An individual who knowingly provides false information
regarding
his or her identity, criminal convictions, or
substantiated
findings on a statement described in subsection
(5)(b)(i) to (iii) is guilty of a misdemeanor punishable by
imprisonment
for not more than 93 days or a fine of not more than
$500.00,
or both.
(5) (9)
A staffing agency or covered
facility shall use
criminal history record information obtained under subsection (3)
or (4) only for the purpose of evaluating an applicant's
qualifications for employment, an independent contract, or clinical
privileges
in the position for which he or she has applied. and for
the
purposes of subsections (5) and (7). A
staffing agency or
covered facility or an employee of the staffing agency or covered
facility shall not disclose criminal history record information
obtained under subsection (3) or (4) to a person who is not
directly involved in evaluating the applicant's qualifications for
employment, an independent contract, or clinical privileges. An
individual who knowingly uses or disseminates the criminal history
record information obtained under subsection (3) or (4) in
violation of this subsection is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than $1,000.00, or both. Except for a knowing or intentional
release of false information, a staffing agency or covered facility
has no liability in connection with a criminal history check
conducted in compliance with this section or the release of
criminal history record information under this subsection.
(6) (10)
Upon consent of an applicant as
required in
subsection (3) and upon request from a staffing agency or covered
facility
that has made a good faith good-faith
offer of employment
or an independent contract or clinical privileges to the applicant,
the
relevant licensing or regulatory department shall review the
criminal history record information, if any, and notify the
requesting staffing agency or covered facility of the information
in
the manner prescribed in subsection (4). Until the federal
bureau
of investigation Federal
Bureau of Investigation implements
an automatic notification system similar to the system required of
the
state police under subsection (13) (9) and federal regulations
allow the federal criminal record to be used for subsequent
authorized uses, as determined in an order issued by the
department, a staffing agency or covered facility may rely on the
criminal
history record information provided by the relevant
licensing
or regulatory department under this
subsection and a
request
to the federal bureau of investigation Federal Bureau of
Investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is not
necessary if all of the following requirements are met:
(a) The criminal history check was conducted during the
immediately preceding 12-month period.
(b) The applicant has been continuously employed by the
staffing agency or a covered facility, adult foster care facility,
or mental health facility since the criminal history check was
conducted in compliance with this section or meets the continuous
employment requirement of this subdivision other than being on
layoff status for less than 1 year from a covered facility, adult
foster care facility, or mental health facility.
(c) The applicant can provide evidence acceptable to the
relevant
licensing or regulatory department
that he or she has been
a resident of this state for the immediately preceding 12-month
period.
(7) (11)
As a condition of continued
employment, each
employee, independent contractor, or individual granted clinical
privileges shall do each of the following:
(a) Agree in writing to report to the staffing agency or
covered facility immediately upon being arraigned for 1 or more of
the criminal offenses listed in subsection (1)(a) to (g), upon
being convicted of 1 or more of the criminal offenses listed in
subsection (1)(a) to (g), upon becoming the subject of an order or
disposition described under subsection (1)(h), and upon being the
subject of a substantiated finding of neglect, abuse, or
misappropriation of property as described in subsection (1)(i).
Reporting of an arraignment under this subdivision is not cause for
termination or denial of employment.
(b) If a set of fingerprints is not already on file with the
department of state police, provide the department of state police
with a set of fingerprints.
(8) (12)
In addition to sanctions set forth
in section 20165,
a licensee, owner, administrator, or operator of a staffing agency
or covered facility who knowingly and willfully fails to conduct
the criminal history checks as required under this section is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $5,000.00, or both.
(9) (13)
In collaboration with the
department of state police,
the department of technology, management, and budget shall
establish and maintain an automated fingerprint identification
system database that would allow the department of state police to
store and maintain all fingerprints submitted under this section
and would provide for an automatic notification if and when a
subsequent criminal arrest fingerprint card submitted into the
system matches a set of fingerprints previously submitted under
this
section. Upon such receiving
that notification, the department
of state police shall immediately notify the department and the
department shall immediately contact each respective staffing
agency or covered facility with which that individual is
associated. Information in the database established under this
subsection is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
act or for law enforcement purposes.
(10) (14)
The department shall maintain an
electronic web-
based system to assist staffing agencies and covered facilities
required to check relevant registries and conduct criminal history
checks of its employees, independent contractors, and individuals
granted privileges and to provide for an automated notice to those
staffing agencies and covered facilities for those individuals
inputted in the system who, since the initial criminal history
check, have been convicted of a disqualifying offense or have been
the subject of a substantiated finding of abuse, neglect, or
misappropriation of property. The department may charge a staffing
agency a 1-time set-up fee of up to $100.00 for access to the
electronic web-based system under this section.
(11) (15)
As used in this section:
(a) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Convicted" means either of the following:
(i) For a crime that is not a relevant crime, a final
conviction, the payment of a fine, a plea of guilty or nolo
contendere if accepted by the court, or a finding of guilt for a
criminal law violation or a juvenile adjudication or disposition by
the juvenile division of probate court or family division of
circuit court for a violation that if committed by an adult would
be a crime.
(ii) For a relevant crime described under 42 USC 1320a-7(a),
convicted means that term as defined in 42 USC 1320a-7.
(c) "Covered facility" means a health facility or agency that
is a nursing home, county medical care facility, hospice, hospital
that provides swing bed services, home for the aged, or home health
agency.
(d) "Criminal history check conducted in compliance with this
section" includes a criminal history check conducted under this
section, under section 134a of the mental health code, 1974 PA 258,
MCL 330.1134a, or under section 34b of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.734b.
(e) "Direct access" means access to a patient or resident or
to a patient's or resident's property, financial information,
medical records, treatment information, or any other identifying
information.
(f)
"Home health agency" means a person certified by medicare
Medicare whose business is to provide to individuals in their
places of residence other than in a hospital, nursing home, or
county medical care facility 1 or more of the following services:
nursing services, therapeutic services, social work services,
homemaker services, home health aide services, or other related
services.
(g) "Independent contract" means a contract entered into by a
covered facility with an individual who provides the contracted
services independently or a contract entered into by a covered
facility with a staffing agency that complies with the requirements
of this section to provide the contracted services to the covered
facility on behalf of the staffing agency.
(h)
"Medicare" means benefits under the federal medicare
Medicare program established under title XVIII of the social
security
act, 42 USC 1395 to 1395kkk-1.1395lll.
(i) "Mental health facility" means a psychiatric facility or
other facility defined in 42 USC 1396d(d) as described under the
mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(j) "Staffing agency" means an entity that recruits candidates
and provides temporary and permanent qualified staffing for covered
facilities, including independent contractors.
(k) "Under the facility's control" means an individual
employed by or under independent contract with a covered facility
for whom the covered facility does both of the following:
(i) Determines whether the individual who has access to
patients or residents may provide care, treatment, or other similar
support service functions to patients or residents served by the
covered facility.
(ii) Directs or oversees 1 or more of the following:
(A) The policy or procedures the individual must follow in
performing his or her duties.
(B) The tasks performed by the individual.
(C) The individual's work schedule.
(D) The supervision or evaluation of the individual's work or
job performance, including imposing discipline or granting
performance awards.
(E) The compensation the individual receives for performing
his or her duties.
(F) The conditions under which the individual performs his or
her duties.
Sec. 20173b. (1) An individual who has been disqualified from
or denied employment by a health facility or agency that is a
nursing home, county medical care facility, hospice, hospital that
provides swing bed services, home for the aged, or home health
agency or by a psychiatric facility or other facility defined in 42
USC
1396d(d) based on a criminal history check conducted pursuant
to
under section 20173 or 20173a or pursuant to under section
134a
of the mental health code, 1974 PA 258, MCL 330.1134a,
respectively, may appeal to the department if he or she believes
that the criminal history report is inaccurate, and the appeal
shall
be conducted as a contested case hearing pursuant to under
the administrative procedures act of 1969. The individual shall
file the appeal with the director of the department within 15
business days after receiving the written report of the criminal
history check unless the conviction contained in the criminal
history
report is one a conviction
that may be expunged or set
aside. If an individual has been disqualified or denied employment
based on a conviction that may be expunged or set aside, then he or
she shall file the appeal on a form provided by the department
within 15 business days after a court order granting or denying his
or her application to expunge or set aside that conviction is
granted. If the order is granted and the conviction is expunged or
set aside, then the individual shall not be disqualified or denied
employment based solely on that conviction. The director shall
review the appeal and issue a written decision within 30 business
days after receiving the appeal. The decision of the director is
final.
(2)
Beginning February 17, 2007 and each year thereafter for
the
next 3 years, the department shall provide the legislature with
a
written report regarding the appeals process implemented under
this
section for employees subject to criminal history checks. The
report
shall include, but is not limited to, for the immediately
preceding
year the number of applications for appeal received, the
number
of inaccuracies found and appeals granted with regard to the
criminal
history checks conducted under section 20173a, the average
number
of days necessary to complete the appeals process for each
appeal,
and the number of appeals rejected without a hearing and a
brief
explanation of the denial.
(2) (3)
As used in this section,
"business day" means a day
other than a Saturday, Sunday, or any legal holiday.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.