Michigan Laws > Chapter 45 > Act 139 of 1973 – Optional Unified Form of County Government
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 45 > Act 139 of 1973 - Optional Unified Form of County Government
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Additional assistance: means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. See Michigan Laws 460.723
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliated transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, which has fully satisfied the requirements to join a regional transmission organization as determined by the federal energy regulatory commission, is engaged in this state in the transmission of electricity using facilities it owns that were transferred to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is not independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
- Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592
- Allegation: something that someone says happened.
- 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.
- annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appraisal: A determination of property value.
- 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
- Approximate location: means a strip of land at least 36 inches wide, but not wider than the width of the marked facility plus 18 inches on either side of the facility marks. See Michigan Laws 460.723
- 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.
- 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.
- Assignee: means an individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred. See Michigan Laws 460.10h
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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.
- Blasting: means changing the level or grade of land or rendering, tearing, demolishing, moving, or removing earth, rock, buildings, structures, or other masses or materials by seismic blasting or the detonation of dynamite or any other explosive agent. See Michigan Laws 460.723
- board: means the group of members democratically elected by the members of a cooperative electric utility to manage the business and affairs of the cooperative electric utility. See Michigan Laws 460.32
- Business day: means Monday through Friday, excluding holidays observed by the notification system and posted on the notification system website. See Michigan Laws 460.723
- Business hours: means from 7 a. See Michigan Laws 460.723
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Caution zone: means the area within 48 inches of either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
- Certificate: means a certificate of public convenience and necessity issued for a major transmission line under this act or issued for a transmission line under section 9. See Michigan Laws 460.562
- Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
- Commission: means the Michigan public service commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.723
- Commission: means the Michigan public service commission in the department of consumer and industry services. See Michigan Laws 460.10h
- Commission: means the Michigan public service commission. See Michigan Laws 460.32
- Commission: means the public service commission. See Michigan Laws 460.111
- commission: when used in this act, means the Michigan public utilities commission or such other state governmental agency as may exercise the powers now conferred upon said commission. See Michigan Laws 460.501
- Commission: means the Michigan public service commission. See Michigan Laws 460.562
- Commission: means the Michigan public service commission. See Michigan Laws 460.592
- Commission: means the propane commission created in section 3. See Michigan Laws 460.622
- 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: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Construction: means any substantial action taken on a route constituting placement or erection of the foundations or structures supporting a transmission line. See Michigan Laws 460.562
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- cooperative electric utility: means an electric utility organized as a cooperative corporation under section 98 to 109 of 1931 PA 327, MCL 450. See Michigan Laws 460.32
- Cooperative electric utility: means either of the following:
(i) An electric cooperative organized as a cooperative corporation under section 98 to 109 of 1931 PA 327, MCL 450. See Michigan Laws 460.592Corporation: 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. counseling: means the rendering to individuals, groups, families, organizations, or the general public in accordance with accepted and established ethics a service involving clinical counseling principles, methods, or procedures for the purpose of achieving social, personal, career, and emotional development and with the goal of promoting and enhancing healthy self-actualizing and satisfying lifestyles whether the services are rendered in an educational, business, health, private practice, or human services setting. See Michigan Laws 333.18101 Counseling techniques: means the application of basic counseling and psychotherapy skills and theories in the counseling process for the purposes of establishing and maintaining the counseling relationship; diagnosing the problem; formulating a preventative, treatment, or rehabilitative plan; and facilitating appropriate interventions. See Michigan Laws 333.18101 Counterclaim: A claim that a defendant makes against a plaintiff. County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 761.1 Damage: means any impact upon or exposure of an underground facility requiring its repair or replacement due to weakening, partial destruction, or complete destruction of the facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing of the facility. See Michigan Laws 460.723 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 commerce. See Michigan Laws 460.111 Department: means the department of agriculture and rural development. See Michigan Laws 460.622 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Design ticket: means a communication to the notification system in which a request for information regarding underground facilities for predesign, design, or advance planning purposes, but not marking for excavation or blasting, is made under the procedures described in section 6a. See Michigan Laws 460.723 Diagnosing the problem: means the identification of the problem through the application of recognized counseling techniques and psychotherapy skills and theories, including the use of the classifications and diagnoses in the Diagnostic and Statistical Manual for Mental Disorders, obtained through the successful completion of a qualified program. See Michigan Laws 333.18101 Dig notice: means a communication to the notification system by an excavator providing notice of intended excavation or blasting activity as required by this act. See Michigan Laws 460.723 Director: means the director of the department. See Michigan Laws 460.622 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Donor: The person who makes a gift. Education: means any action to provide propane consumers or members of the propane industry with information regarding the safe use and handling of propane, the proper use and handling of propane equipment, and the proper mechanical and technical practices when using and handling propane. See Michigan Laws 460.622 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 Electric utility: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.10h Electric utility: means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460. See Michigan Laws 460.32 Electric utility: means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460. See Michigan Laws 460.562 Electric utility: means any of the following:
(i) An electric utility as that term is defined in section 10h of 1939 PA 3, MCL 460. See Michigan Laws 460.592Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Emergency: means a sudden or unforeseen occurrence, including a government-declared emergency, involving a clear and imminent danger to life, health, or property, or imminent danger to the environment, that requires immediate correction in order to restore or to prevent the interruption of essential governmental services, utility services, or the blockage of public transportation and that requires immediate excavation or blasting. See Michigan Laws 460.723 Emergency notice: means a communication to the notification system to alert the facility owners or facility operators of the urgent need for marking the location of a facility due to an emergency. See Michigan Laws 460.723 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Excavation: means moving, removing, or otherwise displacing earth, rock, or other material below existing surface grade with power tools or power equipment, including, but not limited to, grading, trenching, tiling, digging, drilling, boring, augering, tunneling, scraping, cable or pipe plowing, and pile driving; and wrecking, razing, rending, moving, or removing a structure or mass of materials. See Michigan Laws 460.723 Excavator: means any person performing excavation or blasting. See Michigan Laws 460.723 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Facility operator: means a person that controls the operation of a facility. See Michigan Laws 460.723 Facility owner: means a person that owns a facility. See Michigan Laws 460.723 Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC 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: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 460.723 Farming operations: means plowing, cultivating, planting, harvesting, and similar operations routine to most farms and that are performed on a farm. See Michigan Laws 460.723 Feldenkrais method: means a system of somatic education in which touch and words are used to eliminate faulty habits, learn new patterns of self-organization and action, and improve a person's own functional movement patterns. See Michigan Laws 333.17951 Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1 Fiduciary: A trustee, executor, or administrator. Financial institution: means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, or credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States. See Michigan Laws 460.622 Financing order: means an order of the commission approving the issuance of securitization bonds and the creation of securitization charges and any corresponding utility rate reductions. See Michigan Laws 460.10h Financing party: means a holder of securitization bonds, including trustees, collateral agents, and other persons acting for the benefit of the holder. See Michigan Laws 460.10h firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t 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. Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC 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 Gas cost recovery clause: means an adjustment clause in the rates or rate schedule of a gas utility which permits the monthly adjustment of rates for gas in order to allow the utility to recover the booked costs of gas sold by the utility if incurred under reasonable and prudent policies and practices. See Michigan Laws 460.6h Gas cost recovery factor: means that element of the rates to be charged for gas service to reflect gas costs incurred by a gas utility and made pursuant to a gas cost recovery clause incorporated in the rates or rate schedules of a gas utility. See Michigan Laws 460.6h general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2 General rate case: means a proceeding before the commission in which interested parties are given notice and a reasonable opportunity for a full and complete hearing on a utility's total cost of service and all other lawful elements properly to be considered in determining just and reasonable rates. See Michigan Laws 460.6h Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governmental agency: means the state and its political subdivisions, including counties, townships, cities, villages, or any other governmental entity. See Michigan Laws 460.723 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. High-voltage transmission line: means a line used to transmit electricity and all associated structures, equipment, facilities, and other personal property necessary to transfer electricity over the line at a system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.592 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Import: means to bring odorized propane into this state by motor vehicle, marine vessel, pipeline, or any other means. See Michigan Laws 460.622 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 Incumbent electric transmission company: means an electric utility, affiliated transmission company, or independent transmission company that owns a high-voltage transmission line in this state on or after the effective date of this act. See Michigan Laws 460.592 Independent transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562 Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592 Indictment: means 1 or more of the following:
(i) An indictment. See Michigan Laws 761.1Indictment: 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. Industry association: means the Michigan Propane Gas Association, a nonprofit corporation of this state. See Michigan Laws 460.622 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. 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 Interested persons: means the attorney general, the technical staff of the commission, any intervenor admitted to 1 of the utility's 2 previous general rate cases, any intervenor admitted to 1 of the utility's 2 previous reconciliation hearings, or any association of utility customers which meets the requirements to intervene in a reconciliation hearing under the rules of practice and procedure of the commission as applicable. See Michigan Laws 460.6h Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. Joint agency: means that term as defined in section 3 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460. See Michigan Laws 460.592 Judicial district: means the following:
(i) With regard to the circuit court, the county. See Michigan Laws 761.1Jurisdiction: (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. Juvenile: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1 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 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensed professional counselor: means an individual who is licensed under this article to engage in the practice of counseling without supervision. See Michigan Laws 333.18101 Lien: A claim against real or personal property in satisfaction of a debt. Limited licensed counselor: means an individual who has been granted a limited license under this article to engage in the practice of counseling under the supervision of a licensed professional counselor who meets the requirement of section 18106. See Michigan Laws 333.18101 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Long-term firm gas transportation: means a binding agreement entered into between the electric utility and a natural gas transmission provider for a set period of time to provide firm delivery of natural gas to an electric generation facility. See Michigan Laws 460.6j Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1 major controlled substance offense: means either or both of the following:
(a) A violation of section 7401(2)(a) of the public health code, Act No. See Michigan Laws 761.2Major transmission line: means a transmission line of 5 miles or more in length wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company through which electricity is transferred at system bulk supply voltage of 345 kilovolts or more. See Michigan Laws 460.562 Majority leader: see Floor Leaders Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706 marking: means the temporary identification on the surface grade of the location of a facility in response to a ticket as described in section 7. See Michigan Laws 460.723 Massage therapist: means an individual engaged in the practice of massage therapy. See Michigan Laws 333.17951 Member: means a person, partnership, corporation, association, or other legal entity that purchases electricity from a cooperative electric utility as a member of the cooperative. See Michigan Laws 460.32 Member-regulation: means the board of directors of the cooperative is charged with establishing, maintaining, and applying all rates, charges, accounting standards, billing practices, and terms and conditions of service. See Michigan Laws 460.32 mental health wellness: means the achievement of social, career, and emotional development across an individual's life span. See Michigan Laws 333.18101 Minority leader: See Floor Leaders MiPERC: means the national Propane Education and Research Council affiliate in this state. See Michigan Laws 460.622 Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. municipality: when used in this act, means a city, village or township. See Michigan Laws 460.501 Municipality: means a city, township, or village. See Michigan Laws 460.562 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nonbypassable charge: means a charge in a financing order payable by a customer to an electric utility or its assignees or successors regardless of the identity of the customer's electric generation supplier. See Michigan Laws 460.10h Notification system: means MISS DIG System, Inc. See Michigan Laws 460.723 Oath: A promise to tell the truth. oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k 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. Ordinance violation: means either of the following:
(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1Oversight: Committee review of the activities of a Federal agency or program. Participating podiatrist: means a podiatric physician or a podiatric physician designated by a group of podiatric physicians under section 18049 to represent that group. See Michigan Laws 333.18001 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, firm, joint venture, partnership, corporation, association, governmental agency, department or agency, utility cooperative, or joint stock association, including any trustee, receiver, assignee, or personal representative thereof. See Michigan Laws 460.723 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, cooperative, limited liability company, or any other business entity. See Michigan Laws 460.622 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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. Podiatric physician: means an individual who is licensed under this article to engage in the practice of podiatric medicine and podiatric surgery. See Michigan Laws 333.18001 Polarity therapy: means diverse applications affecting the human energy system and includes energetic approaches to somatic contact, verbal facilitation, nutrition, exercise, and health education. See Michigan Laws 333.17951 Positive response: means the procedure administered by the notification system to allow excavators to determine whether all facility owners or facility operators contacted under a ticket have responded in accordance with this act. See Michigan Laws 460.723 Power supply cost recovery clause: means a clause in the electric rates or rate schedule of an electric utility that permits the monthly adjustment of rates for power supply to allow the utility to recover the booked costs, including transportation costs, reclamation costs, and disposal and reprocessing costs, of fuel burned by the utility for electric generation and the booked costs of purchased and net interchanged power transactions by the utility incurred under reasonable and prudent policies and practices. See Michigan Laws 460.6j Power supply cost recovery factor: means that element of the rates to be charged for electric service to reflect power supply costs incurred by an electric utility and made pursuant to a power supply cost recovery clause incorporated in the rates or rate schedule of an electric utility. See Michigan Laws 460.6j Practice agreement: means an agreement described in section 18047. See Michigan Laws 333.18001 Practice of massage therapy: means the application of a system of structured touch, pressure, movement, and holding to the soft tissue of the human body in which the primary intent is to enhance or restore the health and well-being of the client. See Michigan Laws 333.17951 practice of podiatric medicine and podiatric surgery: means any of the following:
(i) The evaluation, diagnosis, management, and prevention of conditions of the lower extremities, including local manifestations of systemic disease in the human foot and ankle, by attending to and advising patients and through the use of devices, diagnostic tests, drugs and biologicals, surgical procedures, or other means. See Michigan Laws 333.18001Preconstruction activity: means any activity on a proposed route conducted before construction of a transmission line begins. See Michigan Laws 460.562 Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Propane: means a hydrocarbon whose chemical composition is predominantly C3H8, and includes liquefied petroleum gases, renewable propane, and any mixture of both liquefied petroleum gases and renewable propane. See Michigan Laws 460.622 Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1 Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1 prosecuting attorney: means the attorney general or the prosecuting attorney for a county, or his or her designee. See Michigan Laws 767A.1 Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public right-of-way: means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. See Michigan Laws 460.723 public service commission: means the Michigan public service commission created in section 1. See Michigan Laws 460.6h Public utility: means a steam, heat, electric, power, gas, water, wastewater, telecommunications, telegraph, communications, pipeline, or gas producing company regulated by the commission, whether private, corporate, or cooperative, except a municipally owned utility. See Michigan Laws 460.111 public utility: when used in this act, means persons and corporations, other than municipal corporations, or their lessees, trustees and receivers now or hereafter owning or operating in this state equipment or facilities for producing, generating, transmitting, delivering or furnishing gas or electricity for the production of light, heat or power to or for the public for compensation. See Michigan Laws 460.501 Qualified costs: means an electric utility's regulatory assets as determined by the commission, adjusted by the applicable portion of related investment tax credits, plus any costs that the commission determines that the electric utility would be unlikely to collect in a competitive market, including, but not limited to, retail open access implementation costs and the costs of a commission approved restructuring, buyout or buy-down of a power purchase contract, together with the costs of issuing, supporting, and servicing securitization bonds and any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of securitization bonds. See Michigan Laws 460.10h qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10 Qualified program: means any of the following:
(i) A program that is accredited by the Council for the Accreditation of Counseling and Related Educational Programs, includes coursework and training in the diagnosis and treatment of mental and emotional disorders, and is approved by the department in consultation with the board. See Michigan Laws 333.18101Quorum: The number of legislators that must be present to do business. Railroad: means that term as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462. See Michigan Laws 460.723 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recidivism: means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 761.1 Recognized electric planning authority: means a person recognized by the Federal Energy Regulatory Commission or the North American Electric Reliability Corporation as authorized under federal law to approve a high-voltage transmission line for construction by an incumbent electric transmission company, including, but not limited to, a regional transmission organization. See Michigan Laws 460.592 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC referral: includes determining the need for referral to 1 or more statutorily regulated mental health professionals whose expertise, skills, and competence are appropriate to the problems of the individual, informing the individual of the referral, and communicating as appropriate with the professional to whom the individual has been referred. See Michigan Laws 333.18101 Regional transmission organization: means a person that meets all of the following:
(i) Possesses characteristics required under 18 C. See Michigan Laws 460.592Regionally cost-shared transmission line: means a high-voltage transmission line that is eligible for regional cost sharing and is not subject to a right of first refusal in accordance with the tariff of a recognized electric planning authority. See Michigan Laws 460.592 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. Remand: When an appellate court sends a case back to a lower court for further proceedings. renewable resource power production facility: means a facility having a rated power production capacity of 30 megawatts or less which produces electric energy by the use of biomass, waste, wood, hydroelectric, wind, and other renewable resources, or any combination of renewable resources, as the primary energy source. See Michigan Laws 460.6d Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Research: means any type of study, investigation, or other activity designed to advance the image, desirability, usage, marketability, efficiency, and safety of propane and propane use equipment and to further the development of information and products related to propane and propane use equipment. See Michigan Laws 460.622 Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail propane marketer: means a person engaged in the business of selling odorized propane to consumers in containers larger than 240 pounds water capacity or selling odorized propane to retail propane dispensers. See Michigan Laws 460.622 Route: means real property on or across which a transmission line is constructed or proposed to be constructed. See Michigan Laws 460.562 Safe zone: means an area 48 inches or more from either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723 School: means any of the following accredited or licensed institutions of higher education that meet the minimum standards and curriculum, in compliance with section 16148:
(i) A public or private community college, college, or university. See Michigan Laws 333.17951seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nseal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a secular day: means a day that is not a Saturday, Sunday, or legal holiday. See Michigan Laws 168.2 Securitization bonds: means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term of not more than 15 years, and that are secured by or payable from securitization property. See Michigan Laws 460.10h Securitization charges: means nonbypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to fully recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in the financing order. See Michigan Laws 460.10h Securitization property: means the property described in section 10j. See Michigan Laws 460.10h Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts 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 Soft excavation: means a method and technique designed to prevent contact damage to underground facilities, including, but not limited to, hand-digging, cautious digging with nonmechanical tools, vacuum excavation methods, or use of pneumatic hand tools. See Michigan Laws 460.723 Start date: means the date that a proposed excavation or blasting is expected to begin as indicated on a ticket. See Michigan Laws 460.723 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. Summons: Another word for subpoena used by the criminal justice system. Task force: means the joint task force created in section 17025. See Michigan Laws 333.18001 Technical probation violation: means a violation of the terms of a probationer's probation order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law. See Michigan Laws 761.1 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Ticket: means a communication from the notification system to a facility owner or facility operator requesting the marking of underground facilities, based on information provided by an excavator in a dig notice. See Michigan Laws 460.723 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trager approach: means a form of movement education that uses subtle directed movements and the skilled touch of a practitioner. See Michigan Laws 333.17951 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transmission line: means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.562 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. True bill: Another word for indictment. Trustee: A person or institution holding and administering property in trust. underground facility: means an underground or submerged conductor, pipe, or structure, including, but not limited to, a conduit, duct, line, pipe, wire, or other device and its appurtenances used to produce, store, transmit, or distribute a utility service, including communications, data, cable television, electricity, heat, natural or manufactured gas, oil, petroleum products, steam, sewage, video, water, and other similar substances, including environmental contaminates or hazardous waste. See Michigan Laws 460.723 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. 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. Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." White lining: means marking by an excavator of the area of a proposed excavation or blasting, with white paint or flags, or both, before giving notice to the notification system. See Michigan Laws 460.723 Wholesale propane distributor: means a person that sells odorized propane to a retail propane marketer. See Michigan Laws 460.622 Writ: A formal written command, issued from the court, requiring the performance of a specific act.