Michigan Laws > Chapter 28 > Act 23 of 2023 – Volunteer Employee Criminal History System Act
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Terms Used In Michigan Laws > Chapter 28 > Act 23 of 2023 - Volunteer Employee Criminal History System Act
- Agent: means a person that buys, receives, sells, exchanges, negotiates, or solicits the sale, resale, exchange, or transfer of 1 or more animals for or on behalf of another person. See Michigan Laws 287.121
- 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.
- 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
- Aquaculture species: means aquatic animal organisms, including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians, reared or cultured under controlled conditions for commercial aquaculture or the pet trade. See Michigan Laws 287.121
- 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.
- broker: means a person that, as a principal or agent, engages in the business of buying, receiving, selling, exchanging, buying for slaughter, negotiating, or soliciting sale, resale, exchange, transportation, or transfer of animals. See Michigan Laws 287.121
- Buying station: means a facility or location where livestock are congregated and purchased by the owner or agent of the facility or location for movement or sale. See Michigan Laws 287.121
- Care or care placement services: means the provision of care, treatment, education, training, instruction, supervision, or recreation to a child, an elderly individual, or an individual with a disability. See Michigan Laws 28.832
- Child: means an individual who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722. See Michigan Laws 28.832
- Clinical certificate: means the written conclusion and statements of a physician or a licensed psychologist that an individual is a person requiring treatment, together with the information and opinions, in reasonable detail, that underlie the conclusion, on the form prescribed by the department or on a substantially similar form. See Michigan Laws 330.1400
- Collection point: means a facility or location where livestock are congregated by the owner or agent of the facility or location for transfer or movement. See Michigan Laws 287.121
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means the probate court or the court with responsibility with regard to mental health services for the county of residence of the subject of a petition, or for the county in which the subject of a petition was found. See Michigan Laws 330.1400
- Covered individual: means an individual who meets any of the following requirements:
(i) Is employed by a qualified entity and has, seeks to have, or may have supervised or unsupervised access to a child, an elderly individual, or individual with a disability for whom the qualified entity provides care or care placement services. See Michigan Laws 28.832Criminal history record information: means that term as defined in section 1a of 1925 PA 289, MCL 28. See Michigan Laws 28.832 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of state police. See Michigan Laws 28.832 Department: means the department of agriculture. See Michigan Laws 287.111 Department: means the department of agriculture and rural development. See Michigan Laws 287.121 Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.121 Elderly individual: means an individual who is 65 years of age or older. See Michigan Laws 28.832 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Fiduciary: A trustee, executor, or administrator. 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. 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 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Individual with a disability: means an individual with a mental or physical impairment who requires assistance to perform 1 or more daily living tasks. See Michigan Laws 28.832 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juror: A person who is on the jury. 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. Licensee: means a person holding a license issued under this act. See Michigan Laws 287.121 livestock: includes horses, ponies, mules, cattle, calves, swine, sheep, poultry, privately owned cervids, ratites, aquaculture species, and goats. See Michigan Laws 287.121 Livestock auction: means a livestock congregation point where livestock are accepted on consignment and the auction method is used in the marketing of livestock. See Michigan Laws 287.121 Livestock trucker: means a person, not otherwise licensed under this act, that engages in the business of transporting livestock not owned by the person, or the person's employer, from 1 premises to another. See Michigan Laws 287.121 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.121 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l person requiring treatment: means (a), (b), or (c):
(a) An individual who has mental illness, and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. See Michigan Laws 330.1401Pleadings: 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. Preadmission screening unit: means a service component of a community mental health services program established under section 409. See Michigan Laws 330.1400 Probable cause: A reasonable ground for belief that the offender violated a specific law. Program: means the volunteer employee criminal history system program created in section 3. See Michigan Laws 28.832 Qualified entity: means a business or organization, whether public, private, operated for profit, or operated not for profit that provides care or care placement services. See Michigan Laws 28.832 Quorum: The number of legislators that must be present to do business. Rap back program: means a state or federal record of arrest and prosecution background program that enables qualified entities to receive ongoing status notifications of any criminal history reported on covered individuals whose fingerprints are registered in the system thereby eliminating the need for repeated background checks on covered individuals by qualified entities. See Michigan Laws 28.832 Riding stable: means any establishment in which, for business purposes, 6 or more horses or ponies are rented, hired, or loaned for riding. See Michigan Laws 287.111 Sales barn: means any establishment where horses or ponies owned by others are sold or offered for sale. See Michigan Laws 287.111 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. Subject of a petition: means an individual regarding whom a petition has been filed with the court asserting that the individual is or is not a person requiring treatment or for whom an objection to involuntary mental health treatment has been made under section 484. See Michigan Laws 330.1400 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Weighmaster: means a person registered under this act that weighs livestock at a livestock auction licensed under this act. See Michigan Laws 287.121