§ 15.461 Short title
§ 15.462 Definitions
§ 15.463 Information regarding classified state employees to be posted on commission’s website

Terms Used In Michigan Laws > Chapter 15 > Act 423 of 2012 - Public Employee Compensation Disclosure Act

  • Abandoned property: means an aircraft; a watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of an aircraft or watercraft; the personal property of the officers, crew, and passengers of an aircraft or watercraft; and the cargo of an aircraft or watercraft, which have been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by owners and insurers. See Michigan Laws 324.76101
  • 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.
  • Agency: means a board, official, or administrative agency empowered to make a decision, finding, ruling, assessment, determination, or order that is subject to review under the jurisdiction of the tribunal or that has collected a tax for which a refund is claimed. See Michigan Laws 205.703
  • Agricultural use: means property that is substantially devoted to the production of plants and animals useful to people, including forages and sod crops; grains and feed crops; dairy and dairy products; poultry; livestock, including breeding and grazing; fish; timber; fruits; vegetables; flowers; Christmas trees; plants or trees grown in an agricultural nursery; and other similar uses and activities. See Michigan Laws 205.221
  • Agricultural well: means a high-capacity well that is located on a farm and is used for an agricultural purpose as that term is defined in section 32701. See Michigan Laws 324.31701
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the department of the attorney general. See Michigan Laws 324.20101
  • Audit: means a post audit of financial transactions and accounts or performance audit as described in section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
  • Auditor general: means the individual appointed auditor general under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
  • Authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 12.272
  • Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.20101
  • Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • Bond: means a bond, note, financial instrument, or other evidence of indebtedness or obligation issued by the authority under this act. See Michigan Laws 12.272
  • Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101
  • Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.20101
  • Chairperson: means the chairperson of the tribunal. See Michigan Laws 205.703
  • Cleanup criteria for unrestricted residential use: means any of the following:
  (i) Cleanup criteria that satisfy the requirements for the residential category in section 20120a(1)(a). See Michigan Laws 324.20101
  • Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
  • Commission: means the Michigan state waterways commission. See Michigan Laws 324.78101
  • Commission: means the civil service commission. See Michigan Laws 15.462
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Committee: means the underwater salvage and preserve committee created in section 76103. See Michigan Laws 324.76101
  • 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 complaint submitted under section 31702 alleging a potential groundwater dispute. See Michigan Laws 324.31701
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential information: means information that is subject to a legal duty to not disclose its contents. See Michigan Laws 13.101
  • Construction: means the process of building a building, road, utility, or another structure, including all of the following:
  •   (i) Assembling materials. See Michigan Laws 324.31701
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • 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.
  • costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.20101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: means a deceased person and includes, but is not limited to, a testator, grantor, bargainor, vendor, donor, or person who dies intestate. See Michigan Laws 205.256
  • Decedent: A deceased person.
  • 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 bureau of revenue of the department of treasury. See Michigan Laws 205.256
  • Department: means the department of environmental quality. See Michigan Laws 324.31701
  • Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101
  • Department: means the department of natural resources. See Michigan Laws 324.78101
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Dewatering well: means a well or pump that is used to remove water from a mining operation or that is used for a limited time period as part of a construction project to remove or pump water from a surface or subsurface area and ceases to be used upon completion of the construction project or shortly after completion of the construction project. See Michigan Laws 324.31701
  • Director: means the director of the department or his or her designee. See Michigan Laws 324.31701
  • Director: means the director of the department of environmental quality. See Michigan Laws 324.20101
  • Director: means the administrative director of the commission. See Michigan Laws 324.78101
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.20101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.20101
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
  • Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.20101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:
  •   (i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.20101
  • Examination: means an inquiry, compilation, or review within the scope of the auditor general's authority under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
  • Executor: A male person named in a will to carry out the decedent
  • Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101
  • Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.31701
  • Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101
  • Federal generation-skipping transfer tax: means the tax imposed by chapter 13 of subtitle B of the internal revenue code. See Michigan Laws 205.256
  • Federal return: means any United States transfer tax return including federal estate tax returns and generation-skipping tax returns unless the context indicates a similar Michigan tax return. See Michigan Laws 205.256
  • Fiduciary: A trustee, executor, or administrator.
  • Financial assurance: means a performance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, corporate guarantee, or other equivalent security, or any combination thereof. See Michigan Laws 324.20101
  • Financing costs: means all capitalized interest; operating and debt service reserves; costs of issuance; fees for credit and liquidity enhancements; any item of expense directly or indirectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including without limitation underwriting fees, counsel fees, fees of the attorney general, and fees and expenses of consultants, advisors, fiduciaries, and rating agencies; and other costs as the authority determines to be desirable in issuing, securing, and marketing and remarketing the bonds. See Michigan Laws 12.272
  • 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.
  • 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
  • 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 aquifer protection revolving fund created in section 31710. See Michigan Laws 324.31701
  • Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101
  • Gasoline: means gasoline, casing head or natural gasoline, benzole, benzine, and naphtha. See Michigan Laws 324.78101
  • Generation-skipping transfer: means every transfer subject to the federal generation-skipping transfer tax in which the original transferor is a resident of this state at the date of the transfer by the original transferor or the property transferred is real or personal property situated in this state. See Michigan Laws 205.256
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Grantor: The person who establishes a trust and places property into it.
  • grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e
  • Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101
  • Great Lakes bottomlands preserve: means an area located on the bottomlands of the Great Lakes and extending upward to and including the surface of the water, which is delineated and set aside by rule for special protection of abandoned property of historical value, or ecological, educational, geological, or scenic features or formations having recreational, educational, or scientific value. See Michigan Laws 324.76101
  • Gross estate: means the gross estate determined under the internal revenue code. See Michigan Laws 205.256
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Groundwater: means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material. See Michigan Laws 324.31701
  • Groundwater dispute: means a groundwater dispute declared by order of the director or the director of the department of agriculture and rural development under section 31703. See Michigan Laws 324.31701
  • 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.
  • Harbor: means a portion of a lake or other body of water either naturally or artificially protected so as to be a place of safety for watercraft, including contrivances used or designed for navigation on water and used or owned by the United States. See Michigan Laws 324.78101
  • Harbor facilities: means the structures at a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and ashore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.78101
  • Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:
  •   (i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101
  • High-capacity well: means 1 or more water wells associated with an industrial or processing facility, an irrigation facility, or a farm that, in the aggregate from all sources and by all methods, have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
  • Historical value: means value relating to, or illustrative of, Michigan history, including the statehood, territorial, colonial, and historic, and prehistoric native American periods. See Michigan Laws 324.76101
  • 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
  • inflation rate: means the ratio of the general price level for the state fiscal year ending in the calendar year immediately preceding the current year divided by the general price level for the state fiscal year ending in the calendar year before the year immediately preceding the current year. See Michigan Laws 205.762
  • Intangible personal property: means incorporeal personal property including, but not limited to, deposits in banks, negotiable instruments, mortgages, debts, receivables, shares of stock, bonds, notes, credits, evidences of an interest in property, evidences of debt, and choses in action generally. See Michigan Laws 205.256
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal revenue code: means the United States internal revenue code of 1986, in effect on January 1, 1998 or, at the option of the personal representative, in effect on the date of the decedent's death. See Michigan Laws 205.256
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensing: includes agency activity involving the grant, denial, renewal, suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of a license. See Michigan Laws 24.205
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Liquefied petroleum gas: means gases derived from petroleum or natural gases that are in the gaseous state at normal atmospheric temperature and pressure, but that may be maintained in the liquid state at normal atmospheric temperature by suitable pressure. See Michigan Laws 324.78101
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.20101
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.20101
  • Majority leader: see Floor Leaders
  • Marina: means a site that contains harbor facilities. See Michigan Laws 324.78101
  • Mechanical or other assistance: means all humanmade devices, including pry bars, wrenches and other hand or power tools, cutting torches, explosives, winches, flotation bags, lines to surface, extra divers buoyancy devices, and other buoyance devices, used to raise or remove artifacts. See Michigan Laws 324.76101
  • Mediation: means a voluntary process in which a mediator facilitates communication between parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. See Michigan Laws 205.703
  • Mediator: means a neutral third party who is certified by the tribunal under section 47 as a mediator in a proceeding before the tribunal or as a facilitator in the court of claims, and who is agreed to by the parties. See Michigan Laws 205.703
  • 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
  • Municipality: means a city, village, or township. See Michigan Laws 324.301
  • NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.20101
  • natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101
  • No further action letter: means a written response provided by the department under section 20114d confirming that a no further action report has been approved after review by the department. See Michigan Laws 324.20101
  • No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101
  • Nonresident: means an individual who is not a resident. See Michigan Laws 205.256
  • Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operating expenses: means the reasonable operating expenses of the authority under this act, including without limitation the cost of preparation of accounting and other reports; costs of maintaining the ratings on the bonds; bond insurance premiums; costs of authority meetings or other required activities of the authority under this act; counsel fees, including the fees of the attorney general; fees and expenses incurred for consultants, advisors, and fiduciaries relating to bonds or activities of the authority authorized by this act; and any other costs arising from activities authorized in section 8(2). See Michigan Laws 12.272
  • Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101
  • Original transferor: means any grantor, donor, trustor, testator, or person who by grant, gift, trust, will, or otherwise, makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. See Michigan Laws 205.256
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who owns a facility. See Michigan Laws 324.20101
  • Owner of a high-capacity well: means the person that owns or controls the parcel of property where a high-capacity well is located. See Michigan Laws 324.31701
  • Owner of a small-quantity well: means the person that owns or controls the parcel of property where a small-capacity well is located. See Michigan Laws 324.31701
  • Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a person or agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a contested case. See Michigan Laws 24.205
  • Permitted release: means 1 or more of the following:
  •   (i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101
  • Person: means an individual, firm, partnership, joint venture, association, corporation, limited liability company, company, estate, or any other group or combination acting as a unit. See Michigan Laws 205.256
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.31701
  • Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101
  • Person: means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case. See Michigan Laws 24.205
  • 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 who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101
  • Personal property: All property that is not real property.
  • Personal representative: means the personal representative appointed by the probate court, including an independent personal representative, or, if a personal representative is not acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this act. See Michigan Laws 205.256
  • 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.
  • Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101
  • Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101
  • Potable water: means water that at the point of use is acceptable for human consumption. See Michigan Laws 324.31701
  • 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.
  • 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
  • primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7
  • Probate: Proving a will
  • Proceeding: means an appeal taken under this act. See Michigan Laws 205.703
  • Processing of a rule: means the action required or authorized by this act regarding a rule that is to be promulgated, including the rule's adoption, and ending with the rule's promulgation. See Michigan Laws 24.205
  • property: means the property or interest in property of the testator, intestate, grantor, bargainor, or vendor, passing or transferred to those not specifically exempted from this act, and not as the property or interest in property passing or transferred to the individual legatees, devisees, heirs, next of kin, grantees, donees, or vendees, and includes all property or interest in property whether situated within or without this state and including all property represented or evidenced by note, certificate, stock, land, contract, mortgage or other kind or character of evidence thereof, and regardless of whether that evidence of property is owned, kept or possessed within or without this state. See Michigan Laws 205.221
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • prosecuting attorney: means the county treasurer or prosecuting attorney of the county having jurisdiction pursuant to section 10. See Michigan Laws 205.221
  • Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified heir: means an individual entitled to any beneficial interest in property who is the grandfather, grandmother, father, mother, husband, wife, child, legally adopted child, stepchild, brother, sister, wife or widow of a son, or husband or widower of a daughter of the decedent grantor, donor, or vendor, or for the use of a person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a parent, if the relationship began at or before the child's seventeenth birthday and continued until the death of the decedent grantor, donor, or vendor, or to or for the use of a lineal descendant of or a lineal descendant of a stepchild of the decedent grantor, donor, or vendor, or farm business partner, or to or for the use of any person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a farm business partner. See Michigan Laws 205.221
  • 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.
  • Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101
  • Recreational boating facilities: means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations. See Michigan Laws 324.78101
  • Recreational value: means value relating to an activity that the public engages in, or may engage in, for recreation or sport, including scuba diving and fishing. See Michigan Laws 324.76101
  • Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101
  • Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101
  • Resident: means that term as defined in section 18 of the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 205.256
  • Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101
  • residential property: means any of the following:
  •   (a) Real property exempt under section 7cc of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 205.762
  • Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101
  • Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4
  • School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • seal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a
  • Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Small-quantity well: means 1 or more water wells of a person at the same location that, in the aggregate from all sources and by all methods, do not have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
  • Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Tangible personal property: means corporeal personal property. See Michigan Laws 205.256
  • Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified in a rule promulgated by the department. See Michigan Laws 324.20101
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this part: includes "rules promulgated under this part". See Michigan Laws 324.20101
  • threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101
  • 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.
  • 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: includes the passing of property or an interest in property in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale, or gift in the manner prescribed in this act. See Michigan Laws 205.221
  • Transfer tax: includes an estate, generation-skipping, inheritance, legacy, or succession tax for residents and nonresidents, including aliens. See Michigan Laws 205.256
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribunal: means the tax tribunal created under section 21. See Michigan Laws 205.703
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4
  • United States: when used in a geographical sense includes only the 50 states and the District of Columbia. See Michigan Laws 205.256
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101
  • Vessel: means all watercraft except the following:
  •   (i) Watercraft used for commercial fishing. See Michigan Laws 324.78101
  • village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9
  • Water well: means an opening in the surface of the earth, however constructed, that is used for the purpose of withdrawing groundwater. See Michigan Laws 324.31701
  • Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include contrivances used or owned by the United States. See Michigan Laws 324.78101
  • Waterway: means any body of water. See Michigan Laws 324.78101
  • Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.78101
  • Well drilling contractor: means a well drilling contractor registered under part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.31701
  • Wild area: means a tract of undeveloped state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:
  •   (i) Is less than 3,000 acres of state land. See Michigan Laws 324.35101
  • Wilderness area: means a tract of undeveloped state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:
  •   (i) Has 3,000 or more acres of state land or is an island of any size. See Michigan Laws 324.35101