Michigan Laws > Chapter 28 > Act 23 of 2023 – Volunteer Employee Criminal History System Act
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Terms Used In Michigan Laws > Chapter 28 > Act 23 of 2023 - Volunteer Employee Criminal History System Act
- AASSPs: means anhydrous ammonia safety and security practices established by the commission under section 5. See Michigan Laws 286.773
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agricultural product: means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock use or consumption. See Michigan Laws 286.903
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anhydrous ammonia: means an inorganic compound that consists of 1 nitrogen atom and 3 hydrogen atoms and has a chemical formula of NH3. See Michigan Laws 286.773
- annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Aquacultural products: means any products, coproducts, or by-products of aquaculture species. See Michigan Laws 286.872
- Aquaculture: means the commercial husbandry of aquaculture species on the approved list of aquaculture species, including, but not limited to, the culturing, producing, growing, using, propagating, harvesting, transporting, importing, exporting, or marketing of aquacultural products under an appropriate permit or registration. See Michigan Laws 286.872
- Aquaculture facility: means a farm or farm operation engaged in any aspect of aquaculture in privately controlled waters capable of holding all life stages of aquaculture species with a barrier or enclosure to prevent their escape into waters of the state. See Michigan Laws 286.872
- Aquaculture facility registration: means a registration issued by the director allowing a facility to engage in aquaculture. See Michigan Laws 286.872
- Aquaculture research permit: means a permit issued by the director to researchers to study and culture aquaculture species not included on the approved list of aquaculture species for the evaluation of aquacultural potential and to provide a scientific basis for including the aquaculture species on the approved list. See Michigan Laws 286.872
- Aquaculture species: means aquatic animal organisms including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians reared or cultured under controlled conditions in an aquaculture facility. See Michigan Laws 286.872
- Aquaculturist: means a person involved in or engaged in any aspect of aquaculture. See Michigan Laws 286.872
- Aquifer: means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. See Michigan Laws 324.8501
- Aquifer sensitivity: means a hydrogeologic function representing the inherent abilities of materials surrounding the aquifer to attenuate the movement of nitrogen fertilizers into that aquifer. See Michigan Laws 324.8501
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Bee disease: means American or European foulbrood, sacbrood, bee paralysis, parasites of bees, or other disease or abnormal condition of the egg, larval, pupal, or adult stages of bees. See Michigan Laws 286.801
- Bees: means any life stage of the common honey bee, Apis mellifera L. See Michigan Laws 286.801
- Bequest: Property gifted by will.
- Board: means the rural development fund board established in section 3. See Michigan Laws 286.942
- Broker: means to engage or participate in the marketing of industrial hemp by acting as an intermediary or negotiator between prospective buyers and sellers. See Michigan Laws 286.842
- Cannabis: means the plant Cannabis sativa L. See Michigan Laws 286.842
- Care or care placement services: means the provision of care, treatment, education, training, instruction, supervision, or recreation to a child, an elderly individual, or an individual with a disability. See Michigan Laws 28.832
- certified: means a determination made by a registered certifying agent that an agricultural product has been produced and handled in compliance with the Michigan organic standards. See Michigan Laws 286.903
- Certifying agent: means an entity registered by the department that certifies production or handling operations or portions of production or handling operations as meeting the Michigan organic standards. See Michigan Laws 286.903
- Child: means an individual who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722. See Michigan Laws 28.832
- Clinical certificate: means the written conclusion and statements of a physician or a licensed psychologist that an individual is a person requiring treatment, together with the information and opinions, in reasonable detail, that underlie the conclusion, on the form prescribed by the department or on a substantially similar form. See Michigan Laws 330.1400
- Commingling: means the mixing together of or physical contact between unpackaged organic products and nonorganic agricultural products during production or handling. See Michigan Laws 286.903
- Commission: means the commission of agriculture. See Michigan Laws 286.773
- Commission: means the commission of agriculture and rural development. See Michigan Laws 286.942
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Confinement research facility: means a facility holding an aquaculture research permit, enclosed in a secure structure, and separated from other aquaculture facilities and in which aquaculture species are isolated and maintained in complete and continuous confinement to prevent their escape into the environment and to prevent the release of any possible pathogens into the environment. See Michigan Laws 286.872
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of the subject of a petition, or for the county in which the subject of a petition was found. See Michigan Laws 330.1400
- Covered individual: means an individual who meets any of the following requirements:
(i) Is employed by a qualified entity and has, seeks to have, or may have supervised or unsupervised access to a child, an elderly individual, or individual with a disability for whom the qualified entity provides care or care placement services. See Michigan Laws 28.832Criminal history record information: means that term as defined in section 1a of 1925 PA 289, MCL 28. See Michigan Laws 28.832 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of state police. See Michigan Laws 28.832 Department: means the department of agriculture and rural development. See Michigan Laws 286.842 Department: means the Michigan department of agriculture. See Michigan Laws 286.872 Department: means the Michigan department of agriculture. See Michigan Laws 286.903 Department: means the department of agriculture and rural development. See Michigan Laws 286.942 Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Department: means the department of agriculture and rural development. See Michigan Laws 324.8501 Dependent: A person dependent for support upon another. Devise: To gift property by will. Director: means the director of the department of agriculture. See Michigan Laws 286.801 Director: means the director of the department, or his or her designee. See Michigan Laws 286.842 Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 286.872 Director: means the director of the department or his or her designee. See Michigan Laws 286.903 Director: means the director of the department. See Michigan Laws 286.942 Director: means the director of the department or his or her designee. See Michigan Laws 324.8501 Donor: The person who makes a gift. Elderly individual: means an individual who is 65 years of age or older. See Michigan Laws 28.832 End user: means the person actually using anhydrous ammonia for a legal purpose. See Michigan Laws 286.773 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. farm operation: means those terms as defined in the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 286.872 Fertilizer: means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. See Michigan Laws 324.8501 Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Fund: means the rural development fund created in section 5. See Michigan Laws 286.942 Fund: means the fertilizer control fund created under section 8514. See Michigan Laws 324.8501 Genetically engineered: refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably using recombinant nucleic acid techniques, or the progeny thereof. See Michigan Laws 286.872 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. GPS coordinates: means latitude and longitude coordinates derived from a global positioning system. See Michigan Laws 286.842 Groundwater: means underground water within the zone of saturation. See Michigan Laws 324.8501 Grow: means to plant, propagate, grow, cultivate, or harvest live plants or viable seeds. See Michigan Laws 286.842 Grower: means a person registered by the department under this act to grow industrial hemp. See Michigan Laws 286.842 Handle: means to possess, store, or transport industrial hemp on premises owned, operated, or controlled by a registered grower or licensed processor-handler. See Michigan Laws 286.842 Handle: means to sell, process, or package agricultural products. See Michigan Laws 286.905 Handler: means any person engaged in the business of handling agricultural products as organic products including producers who handle crops or livestock of their own production. See Michigan Laws 286.905 Handling operation: means any operation or portion of an operation that sells, transports, receives, or otherwise acquires agricultural products as organic products and processes, packages, or stores such organic products. See Michigan Laws 286.905 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Individual with a disability: means an individual with a mental or physical impairment who requires assistance to perform 1 or more daily living tasks. See Michigan Laws 28.832 Industrial hemp: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 286.842 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Ionizing radiation: means gamma-ray emissions from radioactive isotopes such as cobalt-60 or cesium-137; x-rays; electron beams; or any other radiation capable of altering a food's molecular structure, used for purposes that include, but are not limited to, controlling microbes, pathogens, parasites, and pests in food, preserving a food, or inhibiting physiological processes such as sprouting or ripening. See Michigan Laws 286.905 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juror: A person who is on the jury. Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 286.905 Land-based industries: means food and agriculture, forestry, mining, oil and gas production, and tourism. See Michigan Laws 286.942 Law enforcement officer: means a person appointed by the state or a local governmental unit who is responsible for the enforcement of the criminal laws of this state. See Michigan Laws 286.872 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensing and registration fund: means the industrial hemp licensing and registration fund created in section 5. See Michigan Laws 286.842 Livestock: means any cattle, sheep, goat, swine, poultry, captive cervidae, ratites, or equine animals used for food, fiber, feed, or other agricultural based consumer products, wild or domesticated game, or other nonplant life including fish or bees. See Michigan Laws 286.905 Local unit of government: means a county, city, township, village, school district, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of these entities. See Michigan Laws 286.942 Market: means to promote or sell industrial hemp or an industrial hemp commodity or product. See Michigan Laws 286.842 Michigan organic standards: means those organic production and handling standards defined by this act, rules adopted under this act, or both, that are designed to combine organic production or handling practices and an audit trail that will ensure the integrity of organic products from the producer to the consumer. See Michigan Laws 286.907 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a Organic: means a labeling term referring to an agricultural product produced in accordance with the standards described in this act, rules adopted under this act, or both. See Michigan Laws 286.907 Organic advisory committee: means the committee created under section 25. See Michigan Laws 286.907 Organic agriculture: means an agricultural management system that enhances biodiversity, biological cycles, and soil biological activity to produce healthy plants and animals and fosters human and environmental health. See Michigan Laws 286.907 Organic plan: means a plan of management of an organic production or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production and handling as described in this act, rules adopted under this act, or both. See Michigan Laws 286.907 Organic product: means agricultural products including, but not limited to, crops, livestock, livestock products, or other agricultural products that are produced organically for human or livestock use or consumption. See Michigan Laws 286.907 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, association, or other legal entity. See Michigan Laws 286.842 Person: means an individual, corporation, limited liability company, partnership, association, joint venture, or other legal entity. See Michigan Laws 286.872 Person: means an individual, group of individuals, contractor, corporation, limited liability company, partnership, joint venture, cooperative, community supported agricultural entity, or any other legal entity. See Michigan Laws 286.907 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l person requiring treatment: means (a), (b), or (c):
(a) An individual who has mental illness, and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. See Michigan Laws 330.1401Personal property: All property that is not real property. Plot: means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety of industrial hemp throughout the area. See Michigan Laws 286.842 Preadmission screening unit: means a service component of a community mental health services program established under section 409. See Michigan Laws 330.1400 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Privately controlled waters: means waters controlled within ponds, vats, raceways, tanks, and any other indoor or outdoor structure wholly within or on land owned or leased by an aquaculturist and used with an aquaculture facility or confinement research facility. See Michigan Laws 286.872 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means to convert raw industrial hemp into a marketable form. See Michigan Laws 286.842 Processing: means processes that include, but are not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or other manufacturing process and includes the packaging, canning, jarring, or otherwise enclosing of food in a container. See Michigan Laws 286.907 Processor-handler: means a person licensed by the department under this act to process, handle, broker, or market industrial hemp. See Michigan Laws 286.842 Producer: means a person who engages in the business of growing or producing agricultural products. See Michigan Laws 286.907 Program: means the volunteer employee criminal history system program created in section 3. See Michigan Laws 28.832 Program: means the industrial hemp licensing and registration program established by this act. See Michigan Laws 286.842 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualified entity: means a business or organization, whether public, private, operated for profit, or operated not for profit that provides care or care placement services. See Michigan Laws 28.832 Quorum: The number of legislators that must be present to do business. Rap back program: means a state or federal record of arrest and prosecution background program that enables qualified entities to receive ongoing status notifications of any criminal history reported on covered individuals whose fingerprints are registered in the system thereby eliminating the need for repeated background checks on covered individuals by qualified entities. See Michigan Laws 28.832 Recombinant nucleic acid techniques: means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. See Michigan Laws 286.872 Release: means the transfer of an individual who is subject to an order of combined hospitalization and assisted outpatient treatment from 1 treatment program to another in accordance with his or her individual plan of services. See Michigan Laws 330.1400 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Research fund: means the industrial hemp research and development fund created in section 4. See Michigan Laws 286.842 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSeller: means a person selling anhydrous ammonia at wholesale or retail to an end user for a legal purpose. See Michigan Laws 286.773 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Sewage sludge: means solid, semisolid, liquid, or ash residue generated during treatment of domestic or industrial sewage in a treatment works. See Michigan Laws 286.909 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Synthetic: means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources except those substances created by naturally occurring biological processes. See Michigan Laws 286.909 Telecommunication facilities: means either or both of the following:
(i) Telecommunication facilities as defined in section 2 of the metropolitan extension telecommunications rights-of-way oversight act, 2002 PA 48, MCL 484. See Michigan Laws 286.942Testing facility: means a safety compliance facility licensed under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333. See Michigan Laws 286.842 THC: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 286.842 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Use: means the loading, mixing, applying, storing, transporting, or disposing of a fertilizer. See Michigan Laws 324.8501a Usury: Charging an illegally high interest rate on a loan. Source: OCC Variety: means a subdivision of a species that has the following characteristics:
(i) The subdivision is uniform, in the sense that variations between the subdivision and other subdivisions in essential and distinctive characteristics are describable. See Michigan Laws 286.842Waters of the state: means groundwaters, lakes, rivers, and streams and all other watercourses and waters within the jurisdiction of the state and also the Great Lakes bordering the state. See Michigan Laws 286.872