Michigan Laws > Chapter 15 > Act 427 of 2018 – Public Employee Fingerprint-Based Criminal History Check Act


§ 15.651	Short title
§ 15.652	Definitions
§ 15.653	Safeguards for protecting federal tax information; current and prospective employees; criminal history check; results exempt from disclosure; exceptions
§ 15.654	Request for fingerprint-based criminal history check; offer of employment; department of state police; use of information; automated fingerprint identification system; Federal Bureau of Investiga

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Terms Used In Michigan Laws > Chapter 15 > Act 427 of 2018 - Public Employee Fingerprint-Based Criminal History Check Act

Additions: means that term as defined in section 34d. See Michigan Laws 211.27a
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administratively complete: describes an application for a mining permit under this part that contains all of the documents and information required under this part and any rules promulgated under this part. See Michigan Laws 324.63201
Affected area: means an area outside of the mining area where the land surface, surface water, groundwater, or air resources are determined through an environmental impact assessment to be potentially affected by mining operations within the proposed mining area. See Michigan Laws 324.63201
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.
affiliated group: means 1 or more corporations connected by stock ownership to a common parent corporation. See Michigan Laws 211.27a
Age: means chronological age except as otherwise provided by law. See Michigan Laws 37.2103
Agency: means a department of this state or a local department or agency, including public departments or agencies in a county, city, village, or township that in the course of conducting its business has or maintains access to federal information databases. See Michigan Laws 15.652
Allegation: something that someone says happened.
alternative energy system: means that term as defined in section 2 of the Michigan next energy authority act, 2002 PA 593, MCL 207. See Michigan Laws 211.27
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Artificial brine: means mineralized water formed by dissolving rock salt or other readily soluble rocks or minerals. See Michigan Laws 324.62501
Asset: means infrastructure related to drinking water, wastewater, stormwater, transportation, energy, or communications, including, but not limited to, drinking water supply systems, wastewater systems, stormwater systems, drains, roads, bridges, broadband and communication systems, and electricity and natural gas networks. See Michigan Laws 21.602
Asset class: means a single type of asset including its network and all associated appurtenances critical to its performance. See Michigan Laws 21.602
Asset management: means an ongoing process of maintaining, preserving, upgrading, and operating physical assets cost-effectively, based on a continuous physical inventory and condition assessment and investment to achieve performance goals. See Michigan Laws 21.602
Asset management plan: means a set of procedures to manage assets through their life cycles, based on principles of life cycle costing. See Michigan Laws 21.602
Asset owner: means a person that owns or operates an asset. See Michigan Laws 21.602
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.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
bargain purchase option: means the right to purchase the property at the termination of the lease for not more than 80% of the property's projected true cash value at the termination of the lease. See Michigan Laws 211.27a
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficial use: means the right to possession, use, and enjoyment of property, limited only by encumbrances, easements, and restrictions of record. See Michigan Laws 211.27a
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}
Board: means the state historical records advisory board. See Michigan Laws 24.401
Board: means board of county road commissioners. See Michigan Laws 324.35701
Charitable nonprofit housing organization: means a charitable nonprofit organization the primary purpose of which is the construction or renovation of residential housing for conveyance to a low-income person. See Michigan Laws 211.27
citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
Commercial purpose: means used in connection with any business or other undertaking intended for profit, but does not include the rental of residential real property for a period of less than 15 days in a calendar year. See Michigan Laws 211.27a
Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.1103
Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.2103
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.
conservation easement: means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 211.27a
Decedent: A deceased person.
Department: means the department of treasury. See Michigan Laws 21.602
Department: means the department of history, arts, and libraries. See Michigan Laws 24.401
Department: means the department of civil rights or its employees. See Michigan Laws 37.2103
department: means the department of natural resources. See Michigan Laws 324.35801
Department: means the department of environmental quality. See Michigan Laws 324.62501
Department: means the department of environmental quality. See Michigan Laws 324.63101
Department: means the department of environmental quality. See Michigan Laws 324.63201
disability: means 1 or more of the following:

(i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:

(A) For purposes of article 2, substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position or substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's qualifications for employment or promotion. See Michigan Laws 37.1103

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Disposal well: means a well drilled or converted for subsurface disposal of waste products or processed brine and its related surface facilities. See Michigan Laws 324.62501

educational institution: means a public or private institution or a separate school or department of a public or private institution, includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, school district, or university, and a business, nursing, professional, secretarial, technical, or vocational school, and includes an agent of an educational institution. See Michigan Laws 37.1401

educational institution: means a public or private institution, or a separate school or department thereof, and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school; and includes an agent of an educational institution. See Michigan Laws 37.2401

Eligible nonprofit housing property: means property owned by a charitable nonprofit housing organization, the ownership of which the charitable nonprofit housing organization intends to transfer to a low-income person after construction or renovation of the property is completed. See Michigan Laws 211.27

Emergency management coordinator: means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30. See Michigan Laws 324.63201

Employee: means an individual employed by this state, an individual working for a private business entity under contract with this state, an individual working for a private business entity under contract with a county, city, village, or township, or an individual who is employed by a county, city, village, or township. See Michigan Laws 15.652

Employer: means a person that has 1 or more employees, and includes an agent of that person. See Michigan Laws 37.2201

Employment agency: means a person regularly undertaking with or without compensation to procure, refer, recruit, or place an employee for an employer or to procure, refer, recruit, or place for an employer or person the opportunity to work for an employer and includes an agent of that person. See Michigan Laws 37.2201

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Ex officio: Literally, by virtue of one's office.

Executor: A male person named in a will to carry out the decedent

Exploratory purposes: means test well drilling for the specific purpose of discovering or outlining an orebody or mineable mineral resource. See Michigan Laws 324.62501

Familial status: means 1 or more individuals under the age of 18 residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person. See Michigan Laws 37.2103

Federal tax information: means any information created by the recipient that is derived from federal return or return information received from the Internal Revenue Service or obtained through a secondary source such as the Social Security Administration, Federal Office of Child Support Enforcement, Bureau of the Fiscal Service, or Centers for Medicare and Medicaid Services, or another entity acting on behalf of the Internal Revenue Service pursuant to an agreement under section 6103 of the internal revenue code, 26 USC 6103. See Michigan Laws 15.652

Ferrous product: means a commercially salable ferrous mineral in its final marketable form or state. See Michigan Laws 324.63101

Fiduciary: A trustee, executor, or administrator.

Fund: means the mineral well regulatory fund created in section 62509b. See Michigan Laws 324.62501

Fund: means the nonferrous metallic mineral surveillance fund created in section 63217. See Michigan Laws 324.63201

Gender identity or expression: means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual's assigned sex at birth. See Michigan Laws 37.2103

grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e

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.

Housing accommodation: includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of 1 or more persons. See Michigan Laws 37.1501

Housing accommodation: includes improved or unimproved real property, or a part of improved or unimproved real property, that is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of 1 or more individuals. See Michigan Laws 37.2501

Immediate family: means a spouse, parent, child, or sibling. See Michigan Laws 37.1501

Inflation rate: means that term as defined in section 34d. See Michigan Laws 211.27a

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

Intestate: Dying without leaving a will.

Labor organization: includes :

(i) An organization of any kind, or an agency or employee representation committee, group, association, or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. See Michigan Laws 37.2201

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).

Life of the mine: means the period of time from issuance of a permit under this part through the completion of reclamation as required by this part. See Michigan Laws 324.63101

Losses: means that term as defined in section 34d. See Michigan Laws 211.27a

Low-income person: means a person with a family income of not more than 80% of the statewide median gross income who is eligible to participate in the charitable nonprofit housing organization's program based on criteria established by the charitable nonprofit housing organization. See Michigan Laws 211.27

Majority leader: see Floor Leaders

Metallic product: means a commercially salable mineral produced primarily for its nonferrous metallic mineral content in its final marketable form or state. See Michigan Laws 324.63201

Michigan register: means the publication described in section 8. See Michigan Laws 24.205

Mineral: means that term as defined in section 2 of the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b

mineral: means ferrous ore or material mined for its ferrous content. See Michigan Laws 324.63101

Mineral well: means any well subject to this part. See Michigan Laws 324.62501

Mining area: means an area of land from which earth material is removed in connection with nonferrous metallic mineral mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment plants and auxiliary facilities are located, the lands on which the water reservoirs used in the nonferrous metallic mineral mining process are located, and auxiliary lands that are used in connection with the mining. See Michigan Laws 324.63201

Mining operation: means a ferrous mineral mining operation. See Michigan Laws 324.63101

Mining permit: means a permit issued under this part for conducting nonferrous metallic mineral mining and reclamation operations. See Michigan Laws 324.63201

Minority leader: See Floor Leaders

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

municipalities: means any city, village, township, chartered township or other incorporated political subdivision of this state. See Michigan Laws 123.631

National origin: includes the national origin of an ancestor. See Michigan Laws 37.2103

Natural: means in a state provided by nature, without human-made changes, wild, or uncultivated. See Michigan Laws 324.35701

Natural brine: means naturally occurring mineralized water other than potable or fresh water. See Michigan Laws 324.62501

Nonferrous metallic mineral: means any ore or material to be excavated from the natural deposits on or in the earth for its metallic content, but not primarily for its iron or iron mineral content, to be used for commercial or industrial purposes. See Michigan Laws 324.63201

Notice: means a written or electronic record that informs a person of past or future action of the person generating the record. See Michigan Laws 24.205

Office: means , unless expressly stated otherwise, the office of performance and transformation. See Michigan Laws 24.205

Operator: means the person, whether owner or not, supervising or responsible for the drilling, operating, repairing, abandoning, or plugging of wells subject to this part. See Michigan Laws 324.62501

operator: means a person who owns or leases the plant and equipment utilized in a mining area and is engaged in the business of mining ferrous minerals or preparing to engage in mining operations. See Michigan Laws 324.63101

operator: means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for nonferrous metallic minerals, whether individually or jointly, or through agents, employees, or contractors. See Michigan Laws 324.63201

Owner: means the person who has the right to drill, convert, or operate any well subject to this part. See Michigan Laws 324.62501

parent: includes an individual who is pregnant. See Michigan Laws 37.2103

Performance goals: means standards of system performance that reflect asset management principles for asset preservation and sustainability, operations, capacity consistent with local needs, and identified levels of service. See Michigan Laws 21.602

Permittee: means a person who holds a mining permit. See Michigan Laws 324.63201

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 21.602

Person: includes an individual, agent, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state, or any other legal, commercial, or governmental entity or agency. See Michigan Laws 37.1103

Person: means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state or a political subdivision of this state or an agency of this state, or any other legal or commercial entity. See Michigan Laws 37.2103

Person: means any natural person, corporation, association, partnership, receiver, trustee, judiciary or common law trust, guardian, executor, administrator, or fiduciary of any kind. See Michigan Laws 324.63301

Place of public accommodation: means a business, educational institution, refreshment, entertainment, recreation, health, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. See Michigan Laws 37.1301

Place of public accommodation: means a business, or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. See Michigan Laws 37.2301

Political subdivision: means a county, city, village, township, school district, or special district or authority of this state. See Michigan Laws 37.2103

Pollution: means damage or injury from the loss, escape, or unapproved disposal of any substance at any well subject to this part. See Michigan Laws 324.62501

Postclosure monitoring period: means a period following closure of a nonferrous metallic mineral mine during which the permittee is required to conduct monitoring of groundwater and surface water. See Michigan Laws 324.63201

present economic income: means for leased or rented property the ordinary, general, and usual economic return realized from the lease or rental of property negotiated under current, contemporary conditions between parties equally knowledgeable and familiar with real estate values. See Michigan Laws 211.27

protective hairstyles: includes , but is not limited to, such hairstyles as braids, locks, and twists. See Michigan Laws 37.2103

Public service: means a public facility, department, agency, board, or commission owned, operated, or managed by or on behalf of this state or a subdivision of this state, a county, city, village, township, or independent or regional district in this state or a tax exempt private agency established to provide service to the public, except that public service does not include a state or county correctional facility with respect to actions or decisions regarding an individual serving a sentence of imprisonment. See Michigan Laws 37.1301

Public service: means a public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of this state, a political subdivision, or an agency of this state or of a political subdivision or a tax exempt private agency established to provide service to the public, except that public service does not include a state or county correctional facility with respect to actions and decisions regarding an individual serving a sentence of imprisonment. See Michigan Laws 37.2301

purchase price: means the total consideration agreed to in an arms-length transaction and not at a forced sale paid by the purchaser of the property, stated in dollars, whether or not paid in dollars. See Michigan Laws 211.27

Qualified agricultural property: means that term as defined in section 7dd. See Michigan Laws 211.27a

Qualified forest property: means that term as defined in section 7jj[1]. See Michigan Laws 211.27a

Qualified taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b

Real estate broker or salesman: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these persons. See Michigan Laws 37.1501

Real estate broker or salesperson: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property; who negotiates or attempts to negotiate any of those activities; who holds oneself out as engaged in those activities; who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property; who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of a real estate broker or salesperson. See Michigan Laws 37.2501

Real estate transaction: means the sale, exchange, rental, or lease of real property, or an interest therein. See Michigan Laws 37.1501

Real estate transaction: means the sale, exchange, rental, or lease of real property, or an interest in real property. See Michigan Laws 37.2501

Real property: includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium. See Michigan Laws 37.1501

Residential real property: means real property classified as residential real property under section 34c. See Michigan Laws 211.27a

Return: means any tax or information return, estimated tax declaration, or refund claim, and includes amendments, supplements, supporting schedules, attachments, or lists required by or permitted under the internal revenue code and filed with the Internal Revenue Service by, on behalf of, or with respect to any person or entity. See Michigan Laws 15.652

Return information: means any information collected or generated by the Internal Revenue Service with regard to any person's liability or possible liability under the internal revenue code. See Michigan Laws 15.652

Royalty interest: means that share of the product or profit that the owner of the land or mineral rights in the land reserves or is entitled to, whether under a lease or under this part, in consideration of permitting the development of the mineral rights. See Michigan Laws 324.63301

Sex: includes , but is not limited to, pregnancy, childbirth, the termination of a pregnancy, or a related medical condition. See Michigan Laws 37.2201

Sexual orientation: means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation. See Michigan Laws 37.2103

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

standard tool: means that term as defined in section 9b. See Michigan Laws 211.27

Stockpile: means material, including, but not limited to, surface overburden, rock, or lean ore, that in the process of ferrous mineral mining and beneficiation or treatment has been removed from the earth and stored on the surface. See Michigan Laws 324.63101

Stockpile: means material, including, but not limited to, surface overburden, rock, or lean ore, that in the process of mining and beneficiation or treatment has been removed from the earth and stored on the surface. See Michigan Laws 324.63201

Storage well: means a well drilled into a subsurface formation to develop an underground storage cavity for subsequent use in storage operations. See Michigan Laws 324.62501

Street: means city street or village street. See Michigan Laws 324.35701

Subpoena: A command to a witness to appear and give testimony.

Supervisor of mineral wells: means the state geologist. See Michigan Laws 324.62501

Supervisor of reclamation: means the department. See Michigan Laws 324.63101

Surface or open pit mining: means the mining of more than 10,000 tons of a ferrous mineral or disturbing more than 1 acre of land a year in the regular operation of a business either by removing the overburden lying above a natural deposit of a ferrous mineral and mining directly from the natural deposit exposed or by mining directly from a deposit lying exposed in the ferrous mineral's natural state. See Michigan Laws 324.63101

Tailings basin: means land on which is deposited, by hydraulic or other means, the material that is separated from the metallic product in the beneficiation or treatment of minerals and includes any surrounding dikes constructed to contain the material. See Michigan Laws 324.63201

Test well: means a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of a mineral, mineral resource, ore, or rock unit, or to obtain geological or geophysical information or other subsurface data related to mineral exploration and extraction. See Michigan Laws 324.62501

Testify: Answer questions in court.

transfer of ownership: means the conveyance of title to or a present interest in property, including the beneficial use of the property, the value of which is substantially equal to the value of the fee interest. See Michigan Laws 211.27a

Transportation asset management council: means the transportation asset management council created in section 9a of 1951 PA 51, MCL 247. See Michigan Laws 21.602

true cash value: means the usual selling price at the place where the property to which the term is applied is at the time of assessment, being the price that could be obtained for the property at private sale, and not at auction sale except as otherwise provided in this section, or at forced sale. See Michigan Laws 211.27

Trustee: A person or institution holding and administering property in trust.

Underground storage cavity: means a cavity formed by dissolving rock salt or other readily soluble rock or mineral, by nuclear explosion, or by any other method for the purpose of storage or disposal. See Michigan Laws 324.62501

Underground waste: means damage or injury to potable water, mineralized water, or other subsurface resources. See Michigan Laws 324.62501

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Water asset management council: means the water asset management council created in section 5002 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 21.602