Michigan Laws > Chapter 12 > Act 35 of 1994 – The Forensic Laboratory Funding Act


§ 12.201	Short title
§ 12.202	Definitions
§ 12.203	State forensic laboratory fund; creation as separate fund; money and earnings credited to fund
§ 12.204	Forensic laboratory fund; establishment within office of municipal treasurer
§ 12.205	Conduct of forensic test; advising prosecuting attorney
§ 12.206	Assessments
§ 12.207	Distributions from state laboratory fund; expenses incurred by municipality; application for reimbursement; reports; number of investigations; distribution and proceeds to municipality; determina
§ 12.208	Forensic laboratory maintained by municipality; appropriation and use of money
§ 12.209	Acceptance of gifts and grants
§ 12.210	Report
§ 12.211	Effective date; applicability of assessment

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Terms Used In Michigan Laws > Chapter 12 > Act 35 of 1994 - The Forensic Laboratory Funding Act

Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
Absent voter ballot: means a ballot that is issued to a voter through the absent voter process. See Michigan Laws 168.2
Acquire: means acquisition by purchase, construction, or any other method. See Michigan Laws 123.731
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjutant general: means the adjutant general of this state. See Michigan Laws 35.1022
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.
Allegation: something that someone says happened.
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
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: means a land bank fast track authority created under section 15, section 23(4), or section 23(5). See Michigan Laws 124.753
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary: means in relation to a deceased veteran the surviving husband or wife, child or children, or the dependent surviving mother or father, in the order named which determination may be made by the probate court of the county of residence of the veteran at the time of death. See Michigan Laws 35.1001
Board: means the county board of commissioners. See Michigan Laws 324.31301
Bonds: means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324. See Michigan Laws 324.19601
Care: includes treatment, control, transportation, confinement, and isolation in a facility or other location. See Michigan Laws 333.5101
Chief executive officer: means the mayor of a city, the village manager of a village, the township supervisor of a township, or the county executive of a county or, if the county does not have an elected county executive, the chairperson of the county board of commissioners. See Michigan Laws 324.19601
Child care article: means a product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children or to help children with sucking or teething. See Michigan Laws 333.5491
Children: means individuals who are 7 years old or younger. See Michigan Laws 333.5481
Children: means individuals who are 7 years old or younger. See Michigan Laws 333.5491
city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10
Combat veteran: means a veteran eligible to wear the Vietnam Service Medal or Armed Forces Expeditionary Medal. See Michigan Laws 35.1001
Combat veteran: means a veteran listed as missing in action, or a veteran eligible to wear the Vietnam Service Medal or the Armed Forces Expeditionary Medal if eligibility for the award occurred during the period of service. See Michigan Laws 35.1022
Commercial motor vehicle: means a commercial vehicle as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.74101
Commission: means the Michigan Vietnam veterans memorial monument fund commission established in section 4. See Michigan Laws 35.1052
Commission: means the commission of natural resources. See Michigan Laws 324.301
Common carrier: means a company that transports mail, on reasonable request, on regular routes and at set rates. See Michigan Laws 168.2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: means that term as used in the consumer product safety act, 15 USC 2051 to 2085. See Michigan Laws 333.5481
Consumer: means that term as used in the consumer product safety act, 15 USC 2051 to 2085. See Michigan Laws 333.5491
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.
CSC offense: means a violation or attempted violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 12.202
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dams: means dams, embankments, dikes, pumps, weirs, locks, gates, tubes, ditches, or any other devices or construction to impound or release water. See Michigan Laws 324.31301
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of military and veterans affairs. See Michigan Laws 35.1212
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 environmental quality. See Michigan Laws 324.19601
Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Devise: To gift property by will.
Director: means the director of the department of natural resources. See Michigan Laws 324.301
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Due care activities: means those activities conducted under section 20107a and 21304c. See Michigan Laws 324.19601
Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
Employment services: means referrals to employers, supportive services, or assistance in finding employment training. See Michigan Laws 35.1092
Endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.74101
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}
Erosion control: means installation of structures designed to control erosion or protect property adjacent to the great lakes or property affected by levels of the great lakes from erosion. See Michigan Laws 123.731
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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.
Facility: means that term as it is defined in part 201. See Michigan Laws 324.19601
families: means the military dependents as determined by the qualified individual's branch of service. See Michigan Laws 35.1212
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.
Forensic laboratory: means a laboratory maintained by the department of state police or a municipality that meets all of the following criteria:

(i) Has at least 1 regularly employed forensic scientist who conducts analyses of controlled substances or androgenic anabolic steroids for criminal justice agencies in criminal matters, and provides testimony with respect to those analyses. See Michigan Laws 12.202

Forensic test: means a drug analysis, toxicology analysis, or other forensic analysis or examination in areas including, but not limited to, latent prints, microchemistry, serology, firearms, toolmarks, or questioned documents. See Michigan Laws 12.202

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 military family relief fund created in section 3. See Michigan Laws 35.1212

Fund: means the clean Michigan initiative bond fund created in section 19606. See Michigan Laws 324.19601

Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 324.19601

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governing body: means , in the case of a county, the county board of commissioners; in the case of a city, the council, common council, commission, or other body having legislative powers; in the case of a village, the council, common council, commission, board of trustees, or other body having legislative powers; in the case of a township, the township board; in the case of a charter township, the township board; in the case of a drainage district, the drain commissioner or the drainage board; and in the case of another district or of an authority, the body in which is lodged general governing powers. See Michigan Laws 123.731

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Honorable service: means that service as evidenced by:

(i) Honorable or general discharge, or separation under honorable conditions. See Michigan Laws 35.1001

Honorable service: means that service as evidenced by:

(i) Honorable or general discharge, or separation under honorable conditions. See Michigan Laws 35.1022

Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 168.2

Immunization: means the process of increasing an individual's immunity to a disease by use of a vaccine, antibody preparation, or other substance. See Michigan Laws 333.5101

Improvement program: means the construction, reconstruction, development, improvement, bettering, operating, maintaining, and extending a facility at a state park, including a site improvement, impoundment, road and parking lot, toilet building, concession building, shelter building, bathhouse, utility, outdoor center, visitor service facility, ski area, ski tow, ski shelter, and administration unit. See Michigan Laws 324.74101

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

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Job training services: means any program that provides training or training services to eligible applicants. See Michigan Laws 35.1092

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.

Lake improvements: means any improvements now or hereafter authorized by law to be made to any waters of the state by a municipality or any board or body which may be established by a municipality for that purpose, or any portion or any combination thereof. See Michigan Laws 123.731

Lead-bearing substance: means an item or substance that contains lead, or a coating on an item that contains lead, so that the lead content is more than 0. See Michigan Laws 333.5481

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}

Lien: A claim against real or personal property in satisfaction of a debt.

local unit: means a municipality or county. See Michigan Laws 324.301

Local unit: means any city, village, township, or soil conservation district acting through its governing body. See Michigan Laws 324.31301

Local unit of government: means a county, city, village, or township, or an agency of a county, city, village, or township; or a brownfield redevelopment authority, economic development corporation, or an authority or other public body created by or pursuant to state law. See Michigan Laws 324.19601

Majority leader: see Floor Leaders

Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706

Measurable economic benefit: means the permanent jobs that are created or retained, the capital invested, or the increased tax base to the applicable county, city, village, and township where the project is located. See Michigan Laws 324.19601

Measurable environmental benefit: means the extent that the requirements of part 201 or part 213, or both, are advanced at a brownfield project where environmental conditions inhibit the site's redevelopment or reuse. See Michigan Laws 324.19601

Members elect: means when applied to the county board of commissioners, both members elected and appointed. See Michigan Laws 123.731

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

Monument fund: means the Vietnam veterans memorial monument fund created in section 3. See Michigan Laws 35.1052

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Motor vehicle: means a vehicle that is self-propelled. See Michigan Laws 324.74101

Municipality: means a county, township, city, or village. See Michigan Laws 12.202

Municipality: means a county, city, village, township, charter township, district, or authority existing under the laws of this state. See Michigan Laws 123.731

Municipality: means a city, village, or township. See Michigan Laws 324.301

Need: means an unforeseen situation that causes a temporary or short-term financial emergency or hardship that a grant under this act will resolve and for which an applicant can demonstrate the ability to meet expenses in the future. See Michigan Laws 35.1212

Nonresident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is not registered as a motor vehicle in this state. See Michigan Laws 324.74101

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.

Optimum flow: means that rate and quantity of flow in any stream as determined in accordance with this part. See Michigan Laws 324.31301

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.

Period of service: means that period of time between 12:01 a. See Michigan Laws 35.1001

Period of service: means that period of time between 12:01 a. See Michigan Laws 35.1022

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 333.5481

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 333.5491

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

Personal property: All property that is not real property.

physical disability: means that term as defined in section 6 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 168.19

Plan: means a plan adopted by the board or boards and approved by an order of the department for the best development, utilization, and conservation of the surplus water of the state. See Michigan Laws 324.31301

primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7

Private employer: means a sole proprietor, corporation, partnership, limited liability company, or other private entity with 1 or more employees. See Michigan Laws 35.1201

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.

project: means the entire project to be undertaken, including, but not limited to, the actual site remediation and its resulting economic development. See Michigan Laws 324.19601

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

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 elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10

Qualified individual: means an individual who meets all of the following criteria:

(i) The individual is or was a member of a reserve component of the United States armed forces or the United State coast guard based in this state or is a resident of this state serving in a reserve component of the United States armed forces or the United States coast guard based in another state and is called to active duty by the president of the United States or the United States secretary of defense as a result of national response to September 11, 2001 or as a response to a national emergency declared by the president of the United States and for which funds are being spent by the federal government. See Michigan Laws 35.1212

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.74101

Refuse: means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and industrial wastes. See Michigan Laws 123.731

Refuse system: means disposal, including all equipment and facilities for storing, handling, processing, and disposing of refuse, including plants, works, instrumentalities, and properties, used or useful in connection with the salvage or disposal of refuse and used or useful in the creation, sale, or disposal of by-products, including rock, sand, clay, gravel, or timber, or any portion or any combination thereof. See Michigan Laws 123.731

Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 168.3

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.

Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11

Resident: means a person who has acquired a status as follows:

(i) Was born in and lived in this state until entrance into the armed forces of the United States. See Michigan Laws 35.1022

Resident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is registered as a motor vehicle in this state. See Michigan Laws 324.74101

Resolution: means a resolution or an ordinance, if the governing body of a municipality chooses to act by ordinance rather than by resolution. See Michigan Laws 123.731

Response activity: means that term as it is defined in part 201 or corrective action as defined in part 213. See Michigan Laws 324.19601

School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4

seal: shall be construed to include any of the following:

(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

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 disposal system: means all sanitary sewers, storm sewers, combined sanitary and storm sewers, plants, works, instrumentalities, and properties, used or useful in connection with the collection, treatment, or disposal of sewage including storm water, sanitary sewage, or industrial wastes, or any portion or any combination thereof. See Michigan Laws 123.731

shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c

signature on file: means any of the following:

(a) Any signature of an elector contained in the qualified voter file. See Michigan Laws 168.766a

Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4

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

State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74101

Statute: A law passed by a legislature.

Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.

Surplus water: means water that may be impounded without decreasing the flow of a river or stream below its optimum flow. See Michigan Laws 324.31301

Tax reverted property: means property that meets 1 or more of the following criteria:

(i) The property was conveyed to this state under former section 67a of the general property tax act, 1893 PA 206, and subsequently was not sold at a public auction under former section 131 of the general property tax act, 1893 PA 206, except property described in former section 131 of the general property tax act, 1893 PA 206, that is withheld from sale by the director of the department of natural resources as authorized in that section. See Michigan Laws 124.753

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Toxic substance: means a substance that contains lead, or a coating on an item that contains lead, so that the lead content is more than 0. See Michigan Laws 333.5491

Toy: means an article designed and made for the amusement of a minor or for the minor's use in play. See Michigan Laws 333.5491

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

Uniformed and overseas citizens absentee voting act: means the uniformed and overseas citizens absentee voting act, 42 USC 1973ff to 1973ff-6. See Michigan Laws 168.18

Unit: means a mobilized unit in which the qualified individual is in active federal service. See Michigan Laws 35.1212

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

United States Department of Defense verified electronic signature: means the certificate-based digital identification code issued to qualified personnel by the United States Department of Defense as part of the Common Access Card, or its successor. See Michigan Laws 168.18a

Veteran: means an individual who meets both of the following:

(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.1001

Veteran: means an individual who meets both of the following:

(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.1022

Veteran: means an individual who meets both of the following:

(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.1092

Veteran: means an individual who meets both of the following:

(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.1201

Veterans memorial park: means the veterans memorial park established in section 5a. See Michigan Laws 35.1052

veterans memorial park: means the 2. See Michigan Laws 35.1064

Vietnam veteran: means a veteran of the Vietnam era as prescribed in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.1052

village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9

Water supply system: means all plants, works, instrumentalities, and properties, used or useful in connection with obtaining a water supply, the treatment of water, or the distribution of water, or any portion or any combination thereof. See Michigan Laws 123.731

Writ: A formal written command, issued from the court, requiring the performance of a specific act.