Michigan Laws > Chapter 15 > Act 297 of 2011 – Public Employee Domestic Partner Benefit Restriction Act


§ 15.581	Short title
§ 15.582	Definitions
§ 15.583	Medical or other fringe benefits; individual residing in same residence as public employee; prohibition
§ 15.584	Collective bargaining agreement or other contract; effect
§ 15.585	Applicability to public employees; extent

Terms Used In Michigan Laws > Chapter 15 > Act 297 of 2011 - Public Employee Domestic Partner Benefit Restriction Act

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Additions: means that term as defined in section 34d. See Michigan Laws 211.27a
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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.
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.
Apprehension: means the taking of a person into custody. See Michigan Laws 32.1002
Arrest: Taking physical custody of a person by lawful authority.
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.
Bequest: Property gifted by will.
Billing address: means the location indicated in the books and records of the financial institution on the first day of the tax year or on a later date in the tax year when the customer relationship began as the address where any notice, statement, or bill relating to a customer's account is mailed. See Michigan Laws 206.651
Biological diversity: means the full range of variety and variability within and among living organisms and the natural associations in which they occur. See Michigan Laws 324.35501
citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
Classification system: means a mechanism to identify the current use of land and any structures on the land. See Michigan Laws 324.60901
Commanding officer: includes only a commissioned officer. See Michigan Laws 32.1002
Commercial domicile: means the headquarters of the trade or business, that is the place from which the trade or business is principally managed and directed, or if a financial institution is organized under the laws of a foreign country, of the Commonwealth of Puerto Rico, or any territory or possession of the United States, such financial institution's commercial domicile shall be deemed for the purposes of this chapter to be the state of the United States or the District of Columbia from which such financial institution's trade or business in the United States is principally managed and directed. See Michigan Laws 206.651
Commissioner: means the commissioner of the office of financial and insurance services of the department of consumer and industry services. See Michigan Laws 21.147
Committee: means the joint legislative working committee on biological diversity created pursuant to section 35504. See Michigan Laws 324.35501
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.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Confinement: means the physical restraint of a person. See Michigan Laws 32.1002
Contractor: means the private entity, nonprofit entity, or academic institution selected by the department under section 5 to evaluate certain economic development incentives. See Michigan Laws 18.1753
Controlled substance: means opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, marihuana, any compound or derivative of any such substance, and any other substance that is listed in schedules I through V of section 202 of the controlled substances act, 21 USC 812, including any subsequent amendments thereto. See Michigan Laws 32.1002
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.
Credit card: means a credit, travel, or entertainment card. See Michigan Laws 206.651
Data management system: means a mechanism which relies on a computer to manipulate, store, and retrieve information collected and updated during a resource inventory. See Michigan Laws 324.60901
Decedent: A deceased person.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of natural resources. See Michigan Laws 324.61001
Department: means the department of environmental quality. See Michigan Laws 324.61501
Department: means the department of technology, management, and budget. See Michigan Laws 18.1753
Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
Deposit: includes the purchase of, or investment in, shares of credit unions. See Michigan Laws 21.147
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.
Depository library: means a depository library designated under section 10 of the library of Michigan act, Act No. See Michigan Laws 21.55
Derivative instrument or product: means either of the following, subject to subdivision (c):

(i) A contract or convertible security that changes in value in concert with a related or underlying security, future, or other instrument or index; or that obtains much of its value from price movements in a related or underlying security, future, or other instrument or index; or both. See Michigan Laws 21.55

Devise: To gift property by will.

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.

Economic development incentive: means the abatements, tax credits, exemptions, grants, loans, or loan guarantees related to economic development activities in this state as determined by the Michigan strategic fund provided under the following acts:

(i) The Michigan business tax act, 2007 PA 36, MCL 208. See Michigan Laws 18.1753

Ecosystem: means an assemblage of species, together with the species' physical environment, considered as a unit. See Michigan Laws 324.35501

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.

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}

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

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.

Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}

FFIEC: means the federal financial institutions examination council established pursuant to section 1004 of the financial institutions regulatory and interest rate control act of 1978, Public Law 95-630, 12 USC 3303. See Michigan Laws 206.651

Fiduciary: A trustee, executor, or administrator.

Field: means an underground reservoir or reservoirs containing oil or gas, or both. See Michigan Laws 324.61501

Financial institution: means any of the following:

(i) A bank holding company, a national bank, a state chartered bank, a state chartered savings bank, a federally chartered savings association, or a federally chartered farm credit system institution. See Michigan Laws 206.651

financial institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and which maintains a principal office or branch office located in this state under the laws of this state or the United States. See Michigan Laws 21.147

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

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}

Fund: means the oil and gas regulatory fund created in section 61525b. See Michigan Laws 324.61501

Fund: means the orphan well fund created in section 61602. See Michigan Laws 324.61601

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Gas: means a mixture of hydrocarbons and varying quantities of nonhydrocarbons in a gaseous state which may or may not be associated with oil, and includes those liquids resulting from condensation. See Michigan Laws 324.61501

Genetic diversity: means the differences in genetic composition within and among populations of a given species. See Michigan Laws 324.35501

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

Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or rule. See Michigan Laws 32.1002

Gross business: means the sum of the following less transactions between those entities included in a unitary business group:

(i) Fees, commissions, or other compensation for financial services. See Michigan Laws 206.651

Habitat: means the area or type of environment in which an organism or biological population normally lives or occurs. See Michigan Laws 324.35501

Illegal oil or gas: means oil or gas that has been produced by an owner or producer in violation of this part, a rule promulgated under this part, or an order of the supervisor issued under this part. See Michigan Laws 324.61501

Illegal product: means a product of oil or gas or any part of a product of oil or gas that was knowingly processed or derived in whole or in part from illegal oil or gas. See Michigan Laws 324.61501

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}

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

Intestate: Dying without leaving a will.

Inventory: means the land resource and current use inventory. See Michigan Laws 324.60901

Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002

Legacy: A gift of property made by will.

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.

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

Loan: means any extension of credit resulting from direct negotiations between the financial institution and its customer, or the purchase, in whole or in part, of such extension of credit from another. See Michigan Laws 206.651

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

Majority leader: see Floor Leaders

Market demand: means the actual demand for oil or gas from any particular pool or field for current requirements for current consumption and use within or outside the state, together with the demand for such amounts as are necessary for building up or maintaining reasonable storage reserves of oil or gas or the products of oil or gas. See Michigan Laws 324.61501

Medical benefits: means medical, optical, or dental benefits, including, but not limited to, hospital and physician services, prescription drugs, and related benefits. See Michigan Laws 15.582

Michigan obligations: means a bond, note, or other obligation issued by a governmental unit described in section 3 of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 206.651

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

Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002

Military court: means a court-martial, a court of inquiry, or the military appeals tribunal. See Michigan Laws 32.1002

Military judge: means a judge advocate designated as a military judge by the state judge advocate general or an official of a general or special court-martial appointed pursuant to section 26. See Michigan Laws 32.1002

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.

Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

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.

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

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

Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002

Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and that are not the result of condensation of gas after it leaves the underground reservoir. See Michigan Laws 324.61501

Oil or gas well: means a well drilled pursuant to part 615, or its predecessor acts, or a well drilled prior to the effective dates of part 615 or its predecessor acts as determined by the supervisor, for oil or gas exploration or development or storage, or associated production or disposal activities. See Michigan Laws 324.61601

Operator: means the person authorized by contract or agreement by the owner to drill, operate, maintain, or plug a well. See Michigan Laws 324.61601

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

Owner: means the person who has the right to drill a well into a pool, to produce from a pool, and to receive and distribute the value of the production from the pool for himself or herself either individually or in combination with others. See Michigan Laws 324.61501

Participation: means an extension of credit in which an undivided ownership interest is held on a pro rata basis in a single loan or pool of loans and related collateral. See Michigan Laws 206.651

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

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.

Pool: means an underground reservoir containing a common accumulation of oil or gas, or both. See Michigan Laws 324.61501

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}

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Producer: means the operator, whether owner or not, of a well or wells capable of producing oil or gas or both in paying quantities. See Michigan Laws 324.61501

Product: means any commodity or thing made or manufactured from oil or gas, and all derivatives of oil or gas, including refined crude oil, crude tops, topped crude, processed crude petroleum, residue treated crude oil, residuum, gas oil, naphtha, distillate, gasoline, casing-head gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, lubricating oil, and blends or mixtures of oil or gas or any derivatives of oil or gas whether enumerated or not. See Michigan Laws 324.61501

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public employee: means a person holding a position by appointment or employment in the government of this state; in the government of 1 or more of the political subdivisions of this state; in the public school service; in a public or special district; in the service of an authority, commission, or board of this state or a political subdivision of this state; or in any other branch of the public service. See Michigan Laws 15.582

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

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

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.

Recess: A temporary interruption of the legislative business.

Regional planning commission: means a regional planning commission designated by the governor pursuant to executive directive to carry out planning in a multicounty region of the state. See Michigan Laws 324.60901

Regular place of business: means an office at which the financial institution carries on its business in a regular and systematic manner and which is continuously maintained, occupied, and used by employees of the financial institution. See Michigan Laws 206.651

Reporting department: means a state department or agency that is required by the committee under this part to file 1 or more reports. See Michigan Laws 324.35501

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

Rolling stock: means railroad freight or passenger cars, locomotives, or other rail cars. See Michigan Laws 206.651

Severed oil and gas rights: means those subsurface oil and gas rights held by the department on land in which the department does not own the surface rights to the land. See Michigan Laws 324.61001

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

Site restoration: means the filling and leveling of all cellars, pits, and excavations; the removal or elimination of all debris; the elimination of conditions that may create a fire or pollution hazard; the minimization of erosion; and the restoration of the well site as nearly as practicable to the original land contour or to a condition approved by the supervisor after consulting with the surface owner of the land and with the operator of a natural gas storage field if the well site is within the boundary of a natural gas storage field. See Michigan Laws 324.61601

Soil scientist: means a person who meets the qualification standards of the GS-470 soil scientist series established by the United States civil service commission. See Michigan Laws 324.60701

Soil survey: means the identification and description of kinds of soil, the plotting of boundaries on aerial photographs between kinds of soils, and the description and evaluation of their importance and response under various uses and management practices. See Michigan Laws 324.60701

Species diversity: means the richness and variety of native species. See Michigan Laws 324.35501

Staff judge advocate: means the commissioned officer responsible for supervising the administration of military justice within a command. See Michigan Laws 32.1002

State judge advocate general: means the commissioned officer responsible for supervising the administration of the military justice in the state military forces. See Michigan Laws 32.1002

State military forces: means the national guard of the state, as defined in 32 USC 101(3), and any other military force organized under the laws of the state. See Michigan Laws 32.1002

State strategy: means the recommended state strategy prepared by the committee. See Michigan Laws 324.35501

strategic fund: means the fund under the Michigan strategic fund act, 1984 PA 270, MCL 125. See Michigan Laws 18.1753

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

Summons: Another word for subpoena used by the criminal justice system.

Superior commissioned officer: means a commissioned officer superior in rank or command. See Michigan Laws 32.1002

Supervisor: means the supervisor of wells as provided by part 615 or his or her designee. See Michigan Laws 324.61601

supervisor of wells: means the department. See Michigan Laws 324.61501

Sustained yield: means the achievement and maintenance in perpetuity of regular periodic output of the various renewable resources without impairment of the productivity of the land. See Michigan Laws 324.35501

Technical assistance: means the aid that the department shall provide to municipalities, counties, and other interested groups and individuals, on the use of the land resource and current use inventory and related information for planning and resource management decisions. See Michigan Laws 324.60901

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Testify: Answer questions in court.

Top-tiered parent entity: means the highest level entity within the unitary business group that is required to file with a regulatory agency under the standards prescribed by the FFIEC. See Michigan Laws 206.651

Total equity capital: means that same amount reported by the financial institution or top-tiered parent entity, in the case of a unitary business group of financial institutions, and as reported for the tax year on any of the following forms or successor forms listed in this subdivision and designated by the FFIEC, that are filed with the office of the comptroller of the currency, the Federal Deposit Insurance Corporation, or the Federal Reserve System:

(i) The consolidated financial statement for holding companies, FR Y-9C. See Michigan Laws 206.651

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.

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

Transportation property: means vehicles and vessels capable of moving under their own power, such as aircraft, trains, water vessels, and motor vehicles, as well as any equipment or containers attached to such property, such as rolling stock, barges, or trailers. See Michigan Laws 206.651

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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

Unit: means a regularly organized body of the military that is not larger than a company or squadron. See Michigan Laws 32.1002

United States obligations: means all obligations of the United States exempt from taxation under 31 USC 3124(a) or exempt under the United States constitution or any federal statute, including the obligations of any instrumentality or agency of the United States that are exempt from state or local taxation under the United States constitution or any statute of the United States. See Michigan Laws 206.651

Verdict: The decision of a petit jury or a judge.

Writ: A formal written command, issued from the court, requiring the performance of a specific act.