Michigan Laws > Chapter 28 > Act 262 of 2006 – Methamphetamine Reporting Act


§ 28.191	Short title
§ 28.192	Methamphetamine; manufacture, use, possession, and distribution; compilation of information; entities providing information; procedures to prevent duplication; manner of reporting; disclosure; co
§ 28.193	Report to legislature; availability to public
§ 28.194	Information to be provided to federal department
§ 28.195	Rules
§ 28.196	“Department” defined

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Terms Used In Michigan Laws > Chapter 28 > Act 262 of 2006 - Methamphetamine Reporting Act

Advertisement: means any writing, printing, picture, painting, display, emblem, drawing, sign or similar device which is posted or displayed outdoors on real property and is intended to invite or to draw the attention or to solicit the patronage or support of the public to any goods, merchandise, property, real or personal, business, services, entertainment or amusement, manufactured, produced, bought, sold, conducted, furnished or dealt in by any person or for any political party or for the candidacy of any individual for any nomination or office; and the term shall also include any part of an advertisement recognizable as such. See Michigan Laws 247.331
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.
All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 C. See Michigan Laws 324.20101
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.
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.
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.
Attorney general: means the department of the attorney general. See Michigan Laws 324.20101
Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.20101
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.
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.
Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is or contains a facility. See Michigan Laws 324.20101
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}
Bequest: Property gifted by will.
Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101
Bus passenger shelter: means any rigid structure situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a waiting room or shelter for the use and convenience of the passengers of common motor carriers, but suitable for the purpose of furnishing a background, base or support upon which an advertisement may be posted. See Michigan Laws 247.331
Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.20101
Collector plate: means a collector plate that matches any registration plate developed and issued under this act. See Michigan Laws 257.811d
Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
Commission: means the commission of natural resources. See Michigan Laws 324.301
Commission: means the Michigan state waterways commission. See Michigan Laws 324.78101
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.
Connecting waterway: means the St. See Michigan Laws 324.32301
Contract: A legal written agreement that becomes binding when signed.
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.
costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.20101
Crashworthy: means that term as defined in the Michigan manual on uniform traffic control devices. See Michigan Laws 247.291b
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 28.196
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 director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101
Department: means the department of environmental quality. See Michigan Laws 324.31701
Department: means the department of natural resources. See Michigan Laws 324.78101
Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
Designated state-operated public boating access site: means a state-operated public boating access site designated under section 78105(2). See Michigan Laws 324.78101
Devise: To gift property by will.
Director: means the director of the department of natural resources. See Michigan Laws 324.301
Director: means the director of the department of environmental quality. See Michigan Laws 324.20101
Director: means the director of the department or his or her designee. See Michigan Laws 324.31701
Director: means the administrative director of the commission. See Michigan Laws 324.78101
Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.20101
Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.20101
Driveway: means a driveway, lane, road or any other way providing vehicular access to or from the highway from or to property adjoining the highway but does not mean a city or village street or other highway covered by the provisions of Act No. See Michigan Laws 247.321
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
Environmental area: means an area of the shoreland determined by the department on the basis of studies and surveys to be necessary for the preservation and maintenance of fish and wildlife. See Michigan Laws 324.32301
Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.20101
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}
Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101
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.
Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:

(i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.20101

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

Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101

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.

Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101

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.

Flood risk area: means the area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to flooding from effects of levels of the Great Lakes and is not limited to 1,000 feet. See Michigan Laws 324.32301

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Foreclosure: means possession by a lender of a property on which it has foreclosed on a security interest or the expiration of a lawful redemption period, whichever occurs first. See Michigan Laws 324.20101

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}

Freeway: means that term as defined in section 18a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 247.291b

Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101

Fund: means the aquifer protection revolving fund created in section 31710. See Michigan Laws 324.31701

Fund-raising plate: means a registration plate authorized to raise funds for a specified goal. See Michigan Laws 257.811d

Gasoline: means gasoline, casing head or natural gasoline, benzole, benzine, and naphtha. See Michigan Laws 324.78101

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

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

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Harbor: means a portion of a lake or other body of water either naturally or artificially protected so as to be a place of safety for watercraft, including contrivances used or designed for navigation on water and used or owned by the United States. See Michigan Laws 324.78101

Harbor facilities: means the structures at a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and ashore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.78101

Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:

(i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101

High-risk area: means an area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to erosion. See Michigan Laws 324.32301

Highway: includes roads and streets. See Michigan Laws 247.291b

Highway: means a state trunk line highway or a county road including the entire right of way. See Michigan Laws 247.321

Highway: means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this state. See Michigan Laws 247.331

Highway authority: means the department of state highways in the case of state trunk line highways, and the board of county road commissioners in the case of county roads. See Michigan Laws 247.321

highways: as used in this act shall include without limitation all state, county and township highways and roads and all highways, streets, avenues, boulevards and alleys in cities and villages, and any place wheresoever situated in this state which is dedicated to the use of public vehicular traffic. See Michigan Laws 247.311

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}

Inland lake or stream: means that term as defined in section 30101. See Michigan Laws 324.78101

Inter vivos: Transfer of property from one living person to another living person.

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}

Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.

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.

land to be zoned: means the land in this state that borders or is adjacent to a Great Lake or a connecting waterway and that, except for flood risk areas, is situated within 1,000 feet landward from the ordinary high-water mark as defined in section 32501, land bordering or adjacent to waters affected by levels of the Great Lakes landward of the ordinary high-water mark as defined by section 30101, and land between the ordinary high-water mark and the water's edge. See Michigan Laws 324.32301

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}

Legacy: A gift of property made by will.

Lender: means any of the following:

(i) A state or nationally chartered bank. See Michigan Laws 324.20101

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Liquefied petroleum gas: means gases derived from petroleum or natural gases that are in the gaseous state at normal atmospheric temperature and pressure, but that may be maintained in the liquid state at normal atmospheric temperature by suitable pressure. See Michigan Laws 324.78101

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.20101

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

Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.20101

Majority leader: see Floor Leaders

Marina: means a site that contains harbor facilities. See Michigan Laws 324.78101

Michigan manual on uniform traffic control devices: means the manual on uniform traffic control devices adopted under section 608 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 247.291b

Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101

Municipality: means any city or incorporated village. See Michigan Laws 247.331

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

natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101

No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101

Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101

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.

Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means a person who owns a facility. See Michigan Laws 324.20101

Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101

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.

Permitted release: means 1 or more of the following:

(i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.31701

Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Post: means post, display, print, paint, burn, nail, paste or otherwise attach. See Michigan Laws 247.331

Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101

Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101

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

Probate: Proving a will

Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

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.

Real property: means any property physically attached or annexed to real estate in any manner whatsoever. See Michigan Laws 247.331

Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101

Recreational boating facilities: means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations. See Michigan Laws 324.78101

Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101

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.

Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101

Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101

Resident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101

Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101

Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101

Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101

Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4

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

Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101

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.

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

Shoreland: means the land, water, and land beneath the water that is in close proximity to the shoreline of a Great Lake or a connecting waterway. See Michigan Laws 324.32301

Shoreline: means that area of the shorelands where land and water meet. See Michigan Laws 324.32301

Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101

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.

Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified in a rule promulgated by the department. See Michigan Laws 324.20101

Testator: A male person who leaves a will at death.

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

this part: includes "rules promulgated under this part". See Michigan Laws 324.20101

threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101

Transportation administration collection fund: means the fund created under section 810b. See Michigan Laws 257.811d

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

Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4

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

Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101

Vessel: means all watercraft except the following:

(i) Watercraft used for commercial fishing. See Michigan Laws 324.78101

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

Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include contrivances used or owned by the United States. See Michigan Laws 324.78101

Waterway: means any body of water. See Michigan Laws 324.78101

Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.78101