of the Public Acts of nineteen hundred fifteen, entitled "An act to provide for the taxation of inheritances, transfers of property by will, transfers of property by the intestate laws of this State, or transfers of property by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor, or donor, or intended to take effect in possession or enjoyment at or after such death," same being section fourteen thousand five hundred thirty-two of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 9. If a foreign executor, administrator or trustee shall assign or convey any stock or obligation in this State standing in the name of a decedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the treasurer of the proper county on the transfer thereof. No safe deposit company, trust company, corporation, bank or other institution, person or persons having in possession or under control securities, deposits or other assets of a decedent, including the shares of the capital stock of, or other interests in the safe deposit company, trust company, corporation, bank or other institution making the delivery or transfer herein provided, shall deliver or transfer the same to the executors, administrators or legal representatives of said decedent, or upon their order or request, unless notice of the time and place of such intended delivery or transfer be served upon the county treasurer at least five days prior to said delivery or transfer; nor shall any such safe deposit company, trust company, corporation, bank or other institution, person or persons deliver or transfer any securities, deposits or other assets of the estate of a non-resident decedent including the shares of the capital stock of, or other interests in the safe deposit company, trust company, corporation, bank or other institution making the delivery or transfer, without retaining a sufficient portion or amount thereof to pay any tax and penalty which may thereafter be assessed on account of the delivery or transfer of such securities, deposits or other assets, including the shares of the capital stock or other interests in the safe deposit company, trust company, corporation, bank or other institution making the delivery or transfer, under the provisions of this article, unless the proper county treasurer consents thereto in writing. And it shall be lawful for the said county treasurer and it shall be his duty to examine said securities, deposits or assets at the time of such delivery or transfer. Failure to serve such notice and to allow such examination, and to retain a sufficient portion or amount to pay such tax and penalty as herein provided, shall render said safe deposit company, trust company, corporation, bank or other institution, person or persons liable to the payment of the amount of the tax and interest and penalty due or thereafter to become due upon said securities, deposits or other assets, including the shares How payments enforced. When mortgage part of estate of nonresident decedent. Liability of register of deeds. of the capital stock of, or other interests in the safe deposit company, trust company, corporation, bank or other institution making the delivery or transfer; and the payments as herein provided shall be enforced in an action of assumpsit to be instituted and maintained by the Attorney General or other person or officer duly authorized by him, and any judgment rendered in such action shall carry costs to be taxed as in other cases. No mortgage on real estate located in this State shall be discharged when said mortgage constitutes a part of the estate of a non-resident decedent or was assigned subsequent to the death of the decedent, without the receipt or a certified copy of the order provided for in section eighteen of this act is presented to the register of deeds at the time application is made to discharge said mortgage. Any register of deeds who knowingly violates the provisions of this section shall be liable for the amount of said tax, to be recovered in an action brought by the Attorney General as herein provided. Approved April 30, 1919. Governor to appoint commissioner. Successors, [No. 146.] AN ACT to protect the public health; to provide for the appointment of a State Health Commissioner, Deputy State Health Commissioner and State Advisory Council of Health; to prescribe the compensation, powers and duties thereof, the powers and duties of township, village and city health officers and health boards; and to abolish the State Board of Health. The People of the State of Michigan enact: SECTION 1. Immediately upon the taking effect hereof, the Governor shall, with the advice and consent of the senate, appoint a State Health Commissioner, who shall assume office as soon as may be and shall continue therein to and including the thirtieth day of June, nineteen hundred twentyterm of office. three. The successors of said commissioner shall be appointed by the Governor, with the advice and consent of the senate, for terms of four years, beginning on the first day of July, nineteen hundred twenty-three, and each four years thereafter: Provided, however, That any commissioner shall hold office until his successor is appointed and qualified. No person shall be appointed to the office of health commissioner unless he shall be a registered physician and shall have had at least five years' experience as a practicing physician, or in lieu of such experience shall have the degree of doctor of public health or its equivalent. Proviso. Qualifications required. duties. SEC. 2. The State Health Commissioner shall have general Powers and charge and supervision of the enforcement of the health laws of the State of Michigan and shall have the specific powers and duties hereinafter expressed. He shall be subject to removal by the Governor for cause after due notice and Removal. hearing. He shall receive an annual salary of forty-five Salary. hundred dollars per annum payable in the same manner as are the salaries of other State officials and shall devote his entire time to the performance of the duties of his office. SEC. 3. The State Health Commissioner may appoint a Deputy, how deputy who shall be a registered physician or who shall hold qualified. the degree of doctor of public health or its equivalent, for whose acts the commissioner shall be responsible and who shall perform such duties in connection with the enforcement of the health laws of the State as may be assigned to him by the commissioner. During the illness, absence or disability of the State Health Commissioner, the deputy may execute all the duties of said office. He shall receive an annual salary Salary. of twenty-five hundred dollars to be paid in the same manner and at the same time as the salaries of other State officers are paid. The appointment of the deputy may be revoked Revocation. at any time by the commissioner. He shall qualify by taking and filing the constitutional oath of office and by executing Oath and and filing with the commissioner such bond as the commissioner may require from him. bond. Power and duties acquired from State Board of Health. SEC. 4. The State Health Commissioner shall exercise all of the powers and perform all of the duties now vested by law in the State Board of Health or in any member, committee or officer thereof, including the secretary, subject to the provisions of this act. The State Board of Health is hereby Abolishment abolished: Provided, however, That the rules, regulations of board. and ordinances of said board, heretofore regularly adopted thereby and in force at the time of the passage of this act, shall be and remain in force and effect unless and until the same shall be altered, modified or repealed in accordance herewith. Such orders, regulations and ordinances shall be deemed to be, and shall have, the same force and effect as orders, regulations and ordinances made or adopted hereunder by said commissioner with the advice and consent of the Advisory Council of Health. Force of orders, etc., continued. SEC. 5. Immediately upon the taking effect hereof, the State Council Governor shall appoint five persons, with the consent of the of Health. senate, who shall constitute the State Council of Health. In the first instance, the term of one member so appointed Terms. expenses. Meetings. Per diem and is appointed. The members of said council shall be entitled to their actual expenses incurred in performing the duties of their office and to the sum of ten dollars per day while attending meetings of the council. The council shall convene on the call of the State Health Commissioner, providing they shall have at least four regular meetings each year, to be held at such times and places as the council may by its resolution fix. Except as herein provided, the duties of said council shall be advisory only. Upon the expiration of the term of office of each member, the Governor shall appoint a successor who shall assume office on the first day of July following the appointment and shall hold the same for a term of six years and until his successor is appointed and qualified. When successors appoint ed, term. Oath of office, when taken, where filed. SEC. 6. The State Health Commissioner, and each member of the council appointed in accordance with the preceding section, shall, before entering on the performance of the duties of his office, take the constitutional oath of office and file the same in the office of the Secretary of State. The Bond of com- health commissioner shall also give a bond to the people of the State of Michigan in the sum of ten thousand dollars for the faithful performance of the duties of his office and for the proper accounting of such moneys as may come into his possession by virtue of his office. missioner. Power to make rules, etc. Publication. When condi ship, etc., menace to health. SEC. 7. With the concurrence of the State Council of Health, any three of whom shall constitute a quorum, the State Health Commissioner may make and declare rules and regulations in accordance with the laws of the State for the proper safeguarding of the public health and for preventing the spread of diseases, or the existence of sources of contamination. Such rules and regulations shall be published in such manner as may be directed by the Advisory Council of Health. SEC. 8. Whenever in the opinion of the State Health Com-. tions in town missioner, conditions found by him to exist in any township, village or city of the State are such as to constitute a menace to the public health, either within or without the limits of such municipality, such commissioner may by himself, or by his deputy, or medical inspector, enter such township, village or city and take full charge of the administration of the health laws, rules, regulations and ordinances applicable thereto Provided, however, That said commissioner shall not act hereunder in any city maintaining a health department with a full-time health office, except with the consent of the Advisory Council of Health. Proviso, full time health office. SEC. 9. In case of an epidemic of any infectious or dancommunicable disease within this State or any comgerous munity thereof, the State Health Commissioner may, if he deem it necessary to protect the public health, forbid the holding of public meetings of any nature whatsoever except church services which may be restricted as to number in attendance at one time, in said community, or may limit the right to hold such meetings in his discretion. Such action shall not be taken, however, without the consent and approval of the Advisory Council of Health. Any order made pursuant Publication to this section shall be published in such manner as the of order. Advisory Council of Health may direct and shall become effective at a date specified in said order. Such order shall Order, how be signed by the health commissioner and if applicable to the entire State be countersigned by the Governor. signed. assistants. SEC. 10. The State Health Commissioner may appoint Clerical such clerical assistants as may be necessary to enable him to perform the duties hereby imposed, or imposed by any other law of the State. It shall be the duty of the Board of Auditors to provide suitable quarters and facilities for the accommodation of the State Health Commissioner and the health department. All salaries and expenses incurred under Salaries, etc., this act shall be paid out of the amount specifically appropriated for the purpose of carrying out the provisions of this act with the approval of the State Health Commissioner. SEC. 11. Subject to the provisions of this act, all city, Local health village and township health officers, health board and health officers, etc. departments shall respectively perform the duties and exer how paid. cise the powers now imposed and granted by law. It shall be Cooperation. the duty of all local health officials to co-operate in every way possible with the State Health Commissioner and the State Advisory Council of Health. Wilful failure to do so shall be deemed to be misfeasance in office. Penalty for violation of rules, etc. Right of indi SEC. 12. Any person violating any regulation, rule or order of the State Health Commissioner, or of the State Health Commissioner and the State Advisory Council of Health, shall be deemed to be guilty of a misdemeanor and on conviction thereof shall be subject to a fine of not more than two hundred dollars or to imprisonment in the county. jail not more than six months, or to both such fine and imprisonment in the discretion of the court. Nothing in this act shall be construed or operate to empower or authorize the State Commissioner of Health, or any health officer, or their representatives, to restrict in any manner the individual's right to select the physician or mode of treatment of his choice: Provided, That sanitary laws and the laws, Proviso, rules and regulations relating to infectious and contagious diseases are complied with. This act is ordered to take immediate effect. vidual to se lect physician of choice. compliance. |