Michigan Laws > Chapter 28 > Act 177 of 2004 – Michigan Law Enforcement Officers Memorial Act


§ 28.781	Short title
§ 28.782	Definitions
§ 28.783	Michigan law enforcement officers memorial monument fund; creation as separate fund; disposition of money and interest accrued
§ 28.784	Michigan law enforcement officers memorial monument fund commission; membership; appointment; terms; vacancy; removal; meetings; business conducted at public meetings; availability of writings; reimbu
§ 28.785	Solicitation and selection of design; inscription
§ 28.786	Grants or gifts; prohibited fund-raising activities

Terms Used In Michigan Laws > Chapter 28 > Act 177 of 2004 - Michigan Law Enforcement Officers Memorial Act

AASSPs: means anhydrous ammonia safety and security practices established by the commission under section 5. See Michigan Laws 286.773
Advertising: means all representations other than those on the label, disseminated in any manner or by any means, and relating to seed within the scope of this act. See Michigan Laws 286.702
Advisory committee: means the seed potato advisory committee created in section 6. See Michigan Laws 286.682
Agricultural seed: means the seed of grass, forage, cereal, fiber, oil plants, and any other seed commonly recognized within this state as agricultural or field seed, lawn seed, or mixtures of those seeds. See Michigan Laws 286.702
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
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
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.
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.
Bequest: Property gifted by will.
Blend: means seed consisting of more than 1 variety of a kind, each in excess of 5% of the whole. See Michigan Laws 286.702
Brand: means a word, name, symbol, number, or design used to identify seed of 1 person to distinguish it from the seed of another person. See Michigan Laws 286.702
Certified seed: means a class of seed that meets the requirements of 1959 PA 221, MCL 286. See Michigan Laws 286.682
Certifying authority: means the official seed-certifying agency of this state or the authorized seed potato certifying agency of another state, territory, or country. See Michigan Laws 286.682
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
Commission: means the commission of agriculture. See Michigan Laws 286.773
Commission: means the Michigan law enforcement officers memorial monument fund commission created in section 4. See Michigan Laws 28.782
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conditioning: means drying, cleaning, scarifying, and other operations that change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See Michigan Laws 286.702
Contract: A legal written agreement that becomes binding when signed.
Controlling the pollination: means a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Michigan Laws 286.702
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.
Crop seed: means the seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
Cultivar: means unique variety. See Michigan Laws 286.682
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.
Department: means the department of agriculture and rural development. See Michigan Laws 286.682
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
Director: means the director of the department or his or her designee. See Michigan Laws 324.8501
Director: means the director of labor or any person authorized to act in his behalf. See Michigan Laws 286.651
Director: means the director of the department. See Michigan Laws 286.682
Director: means director of the department of agriculture and rural development or his or her authorized representative. See Michigan Laws 286.702
Distribute: means to offer for sale, sell, barter, deliver, supply, furnish, or otherwise provide seed potatoes. See Michigan Laws 286.682
Distributor: means any person who distributes fertilizer for sale or use in this state. See Michigan Laws 324.8501
Donor: The person who makes a gift.
Dormant seed: means viable seed, excluding hard seed that fail to germinate when provided with the specified germination conditions for the kind of seed in question. See Michigan Laws 286.702
Emigrant agent: means a person engaged in recruiting, hiring, soliciting or enticing laborers by any means whatsoever in this state to be employed beyond the limits of this state in farm labor. See Michigan Laws 286.651
Employer: means a person employing or seeking to employ an employee for farm labor. See Michigan Laws 286.651
End user: means the person actually using anhydrous ammonia for a legal purpose. See Michigan Laws 286.773
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.
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 labor: means cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodity, the raising of livestock, bees, furbearing animals or poultry, any practices performed on the farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market or any forestry or lumbering operations, and first processing of any agricultural or horticultural commodity during seasonal operations. See Michigan Laws 286.651
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.
Field year: means the number of years a particular seed lot has been grown in the field after greenhouse propagation. See Michigan Laws 286.682
Flower seed: means the seed of those plants usually grown for their blooms, ornamental foliage, or other ornamental parts and commonly are known and sold under the name of flower seed in this state. See Michigan Laws 286.702
Forest tree seed: means the seeds of those forest trees that are usually grown in nurseries and forests in this state, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
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 agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286. See Michigan Laws 286.682
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.
Hundredweight: means a unit of weight equal to 100 pounds. See Michigan Laws 286.682
Hybrid: means , as applied to kinds or varieties of seed, the first generation seed of a cross, produced by controlling the pollination and by combining 2 or more inbred lines, or 1 inbred line or a single cross with an open pollinated variety, or 2 selected clones, seed lines, varieties, or species, except open pollinated varieties of corn such as zea mays. See Michigan Laws 286.702
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
Inert matter: means broken seed 1/2 or less the original size, seeds of legumes or crucifers with seed coats removed, undeveloped or badly injured weed seed, the empty glumes or attached sterile glumes of grasses, stems, leaves, stones, chaff, soil, insects, fungal bodies, material added in coating or pelleting, and all other matter other than pure seed, weed, or crop seed, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
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.
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.
Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, including, but not limited to, oats, wheat, soybeans, and corn. See Michigan Laws 286.702
Label: means any written, printed, or graphic matter on or attached to packaged fertilizer or used to identify fertilizer distributed in bulk or held in bulk storage. See Michigan Laws 324.8501
Label: includes all labels, and other written, printed, or graphic representation in any form, accompanying or pertaining to any seed in bulk or in containers and includes representation on invoices, bills, and letterheads. See Michigan Laws 286.702
Law enforcement officer: means that term as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.782
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.
Lot: means an identifiable quantity of fertilizer that can be sampled officially according to methods adopted under section 8510, that is contained in a single vehicle, or that is delivered under a single invoice. See Michigan Laws 324.8501
Lot: means a definite quantity of seed identified by a number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Michigan Laws 286.702
Mixture: means seed consisting of more than 1 kind, each in excess of 5% of the whole. See Michigan Laws 286.702
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 Michigan police officers memorial monument fund created in section 3. See Michigan Laws 28.782
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.
Ombudsman: means the superconducting super collider ombudsman created in section 19. See Michigan Laws 3.813
Order: means a cease and desist order issued under section 8511. See Michigan Laws 324.8501a
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, association, corporation, legal representative, trustee, trustee in bankruptcy or receiver. See Michigan Laws 286.651
Person: means an individual, partnership, association, corporation, governmental entity, or other legal entity. See Michigan Laws 286.682
Person: means any individual, partnership, company, corporation, society, cooperative, union, or association. See Michigan Laws 286.702
Person: means an individual, partnership, association, firm, limited liability company, or corporation. See Michigan Laws 324.8501a
person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
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 330.1401

Personal property: All property that is not real property.

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.

President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.

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

Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702

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

Records: means all label information and the source of this information required by this act for the seed being considered, and all information relating to the shipment or shipments involved with seed, such as invoices, vouchers, freight bills, and other records. See Michigan Laws 286.702

Registrant: means the person who registers a product under this part. See Michigan Laws 324.8501a

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.

Representative sample: means a sample taken from a seed lot that is of sufficient size to supply an adequate amount of seed for laboratory testing and that is secured and submitted according to the guidelines approved by the director. See Michigan Laws 286.702

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.

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Restricted noxious weed seed: means the seeds of the plants that are objectionable in the fields, lawns, and gardens of this state but can be controlled by ordinary good cultural practices, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.682

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.702

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

Seed lot: means all the seed potatoes of the same variety that are of a single class and specific seed source and are harvested from a field or stored together in a specific storage facility. See Michigan Laws 286.682

Seed potato: means the tuber that is used for the reproduction of the potato. See Michigan Laws 286.682

Seizure: means a legal process carried out by a court order against a definite amount of seed. See Michigan Laws 286.702

Seller: 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.

Soil conditioner: means any substance that is used or intended for use to improve the physical characteristics of soil, including, but not limited to, materials such as peat moss and peat products, composted products, synthetic soil conditioners, or other products that are worked into the soil or are applied on the surface to improve the properties of the soil for enhancing plant growth. See Michigan Laws 324.8501a

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 national harmonization program: means the state national harmonization program for seed potatoes developed by the plant protection and quarantine program of the Animal and Plant Health Inspection Service in the United States Department of Agriculture. See Michigan Laws 286.682

Statute: A law passed by a legislature.

Stop sale: means an administrative order restraining the sale, disposition, and movement of a definite amount of seed. See Michigan Laws 286.702

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

Superconducting super collider: means a 20 trillion electron volt superconducting super colliding particle beam accelerator proposed by the United States department of energy. See Michigan Laws 3.813

Survivor: means any of the following:

(i) A spouse of a law enforcement officer killed on duty. See Michigan Laws 28.782

Tolerance: means the allowable deviation from any percentage claim used on a label and is based on the law of normal variation from a mean. See Michigan Laws 286.702

Treated: means that the seed has received an effective application of substance or method designed to reduce, control, or repel certain disease organisms, fungi, insects, or other pests attacking the seed or seedlings or has received some other treatment to improve its planting value. See Michigan Laws 286.702

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

Type: means a group of varieties so nearly similar that individual varieties cannot be clearly differentiated except under special conditions. See Michigan Laws 286.702

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 kind that is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that variations in essential and distinctive characteristics are describable, and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties; for example, heritage oats, augusta wheat, corsoy soybeans. See Michigan Laws 286.702

Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms and that generally are known and sold under the name of vegetable or herb seed in this state. See Michigan Laws 286.702

Vendor: means a person engaged in the selling of seed. See Michigan Laws 286.702

Weed seed: means the seeds of all plants generally recognized as weeds within the state, as determined by methods defined by rule promulgated under this act, and includes prohibited and restricted noxious weed seeds. See Michigan Laws 286.702