Michigan Laws > Chapter 16 > Act 380 of 1965 > Chapter 2 – Department of State
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 16 > Act 380 of 1965 > Chapter 2 - Department of State
- Ad valorem general property tax: means taxes levied under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51101
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department. See Michigan Laws 4.351
- 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.
- agricultural drain: means a human-made conveyance of water that meets all of the following requirements:
(a) Does not have continuous flow. See Michigan Laws 324.30103Allegation: 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appraisal: A determination of property value. Arrest: Taking physical custody of a person by lawful authority. Authority: means the Michigan forest finance authority created in section 50503. See Michigan Laws 324.50502 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. Board: means the board of foresters created in section 53505(1). See Michigan Laws 324.53501 Board: means the board of directors of the Michigan forest finance authority, except where the context clearly requires a different definition. See Michigan Laws 324.50502 Bonds: means bonds of the authority issued as provided in this part. See Michigan Laws 324.50502 Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101 Bureau: means the legislative service bureau. See Michigan Laws 4.1102 by-product: means any material that is produced by, is incident to, or results from industrial, commercial, or governmental activity or any other activity or enterprise, that is determined to be liquid by method 9095 (paint filter liquids test) as described in "Test methods for evaluating solid wastes, physical/chemical methods" United States Environmental Protection Agency publication no. See Michigan Laws 324.12101 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10 commercial forestland: means forestland that is determined to be a commercial forest under section 51104. See Michigan Laws 324.51101 Commercial forestland: means commercial forestland that is enrolled under part 511. See Michigan Laws 324.51201 Commission: means the Michigan law revision commission. See Michigan Laws 4.1102 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. Complainant: means a prisoner or legislator who files a complaint under section 4. See Michigan Laws 4.351 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation. Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval. 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. Council: means the legislative council established under section 15 of article IV of the state constitution of 1963. See Michigan Laws 4.351 Council: means the legislative council. See Michigan Laws 4.1102 Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102 Dam: means an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water. See Michigan Laws 324.30101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. declassification: means the removal of the commercial forest designation pursuant to section 51116. See Michigan Laws 324.51101 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 324.53501 Department: means the department of corrections. See Michigan Laws 4.351 Department: means the department of environment, Great Lakes, and energy. See Michigan Laws 324.14701 Department: means the department of environmental quality. See Michigan Laws 324.14721 Department: means the department of environmental quality. See Michigan Laws 324.12101 Department: means the department of environmental quality. See Michigan Laws 324.14301 Department: means the department of environmental quality. See Michigan Laws 324.30101 Department: means the department of natural resources. See Michigan Laws 324.51201 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 Designated facility: means a treatment facility, storage facility, disposal facility, or reclamation facility that receives liquid industrial by-product from off-site. See Michigan Laws 324.12101 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Discharge: means the accidental or intentional spilling, leaking, pumping, releasing, pouring, emitting, emptying, or dumping of liquid industrial by-product into the land, air, or water. See Michigan Laws 324.12101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 4.1121 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. Environmental wastes: means all environmental pollutants, wastes, discharges, and emissions, regardless of how they are regulated and regardless of whether they are released to the general environment or the workplace environment. See Michigan Laws 324.14301 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. Executor: A male person named in a will to carry out the decedent Expand: means to occupy a larger area of an inland lake or stream than authorized by a permit issued under this part for marina mooring structures and watercraft moored at the marina. See Michigan Laws 324.30101 Facility: means all contiguous land and structures, other appurtenances, and improvements on land for treating, storing, disposing of, or reclamation of liquid industrial by-product. See Michigan Laws 324.12101 Fiduciary: A trustee, executor, or administrator. Forest development fund: means the forest development fund created in section 50507. See Michigan Laws 324.53501 Forest management operations and practices: means activities related to the harvesting, reforestation, and other forest management, including, but not limited to, road access for silviculture activity and forest thinning, pest control, disease control, fertilization, forest protection, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 324.50502 Forest management plan: means a written plan prepared and signed by a registered forester or a natural resources professional that prescribes measures to optimize production, utilization, and regeneration of forest resources. See Michigan Laws 324.51101 Forester: means an individual who, by reason of his or her knowledge of the natural sciences, mathematics, and the principles of forestry, acquired by forestry education and practical experience, is qualified to engage in the practice of professional forestry. See Michigan Laws 324.53501 Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and that meets all the following:
(i) Does not have material natural resources other than those resources suitable for forest growth or the potential for forest growth. See Michigan Laws 324.51101Forestland: means that term as defined in part 511. See Michigan Laws 324.51201 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 land and water management permit fee fund created in section 30113. See Michigan Laws 324.30101 Fund: means the commercial forest fund created under section 51112. See Michigan Laws 324.51101 Generator: means a person whose act or process produces liquid industrial by-product. See Michigan Laws 324.12101 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. Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101 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 Inland lake or stream: means either of the following:
(i) An artificial or natural lake, pond, or impoundment that is a water of the United States as that term is used in section 502(7) of the federal water pollution control act, 33 USC 1362. See Michigan Laws 324.30101Interest 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 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. Legal material: means any of the following:
(i) The state constitution of 1963. See Michigan Laws 4.1121Legislative council agencies: means the bureau, commission, and any other legislative council agency designated by the council. See Michigan Laws 4.1102 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislator: means a member of the senate or the house of representatives of this state. See Michigan Laws 4.351 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. local unit: means a municipality or county. See Michigan Laws 324.301 Majority leader: see Floor Leaders Marina: means a facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft. See Michigan Laws 324.30101 Minority leader: See Floor Leaders Mooring structures: means structures used to moor watercraft, including, but not limited to, docks, piers, pilings, mooring anchors, lines and buoys, and boat hoists. See Michigan Laws 324.30101 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipality: means a city, village, or township. See Michigan Laws 324.301 Natural resources professional: means a person who is acknowledged by the department as having the education, knowledge, experience, and skills to identify, schedule, and implement appropriate forest management practices needed to achieve the purposes of this part on land subject to or to be subject to this part. See Michigan Laws 324.51101 Notes: means notes of the authority issued as provided in this part, including commercial paper. See Michigan Laws 324.50502 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. Office: means the office of the legislative corrections ombudsman created under this act. See Michigan Laws 4.351 Official: means an official or employee of the department of corrections. See Michigan Laws 4.351 Official publisher: means :
(i) For the state constitution of 1963, the legislative service bureau. See Michigan Laws 4.1121Ombudsman: means the office of legislative corrections ombudsman. See Michigan Laws 4.351 operation: includes dredging, filling, or construction and placement of structures in the waste collection or treatment facility in compliance with this act. See Michigan Laws 324.30103 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Ordinary high-water mark: means the line between upland and bottomland that persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. See Michigan Laws 324.30101 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who holds title to the surface estate of forestland subject to this part. See Michigan Laws 324.51101 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. PBDE: means polybrominated diphenyl ether. See Michigan Laws 324.14721 Peace officer: means any law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.12102 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Personal use: means use for any noncommercial purpose. See Michigan Laws 324.51101 PFAS: means a perfluoroalkyl or polyfluoroalkyl substance. See Michigan Laws 324.14701 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. Pollution prevention: means all of the following:
(i) "Source reduction" as defined in the pollution prevention act of 1990, subtitle G of title VI of the omnibus budget reconciliation act of 1990, Public Law 101-508, 42 U. See Michigan Laws 324.14301Practice of professional forestry: means the science, art, and practice of creating, managing, using, planning and researching, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. See Michigan Laws 324.53501 President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service. 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 Prisoner: means a person committed to or under the jurisdiction of the department. See Michigan Laws 4.351 Probable cause: A reasonable ground for belief that the offender violated a specific law. Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Publicly owned treatment works: means any entity that treats municipal sewage or industrial waste or liquid industrial by-product that is owned by the state or a municipality, as that term is defined in 33 USC 1362. See Michigan Laws 324.12102 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 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. Reconfigure: means to, without expanding the marina, do either of the following:
(i) Change the location of the dock or docks and other mooring structures at the marina to occupy an area of the inland lake or stream that was not previously authorized by a permit issued under this part. See Michigan Laws 324.30101Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 4.1121 Registered forester: means a forester registered under section 53509. See Michigan Laws 324.53501 Registered forester: means a person registered under part 535. See Michigan Laws 324.51101 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Riparian owner: means a person who has riparian rights. See Michigan Laws 324.30101 Riparian rights: means those rights which are associated with the ownership of the bank or shore of an inland lake or stream. See Michigan Laws 324.30101 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 SAF: means Society of American Foresters. See Michigan Laws 324.53501 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSeasonal structure: includes any type of dock, boat hoist, ramp, raft, or other recreational structure that is placed into an inland lake or stream and removed at the end of the boating season. See Michigan Laws 324.30101 Seawall: means a vertically sloped wall constructed to break the force of waves and retain soil for the purpose of shore protection. See Michigan Laws 324.30101 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. Shipping document: means a log, an invoice, a bill of lading, or other record, in either written or electronic form, that includes all of the following information:
(i) The name and address of the generator. See Michigan Laws 324.12102Silvicultural practices: means the management and manipulation of forest vegetation for the protection, growth, and enhancement of forest products. See Michigan Laws 324.51101 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 4.1121 State forester: means that term as defined in section 50502. See Michigan Laws 324.53501 Statute: A law passed by a legislature. Storage: means the containment of liquid industrial by-product, on a temporary basis, in a manner that does not constitute disposal of the by-product. See Michigan Laws 324.12102 Structure: includes a wharf, dock, pier, seawall, dam, weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge. See Michigan Laws 324.30101 Subpoena: A command to a witness to appear and give testimony. Surface impoundment: means a treatment facility, storage facility, or disposal facility or part of a treatment, storage, or disposal facility that is either a natural topographic depression, a human-made excavation, or a diked area formed primarily of earthen materials. See Michigan Laws 324.12102 Sustainable forest conservation easement: means a conservation easement described in section 2140 on commercial forestland that is approved by the department and meets all of the following:
(i) Is an easement granted in perpetuity to this state, a political subdivision of this state, or a charitable organization described in section 501(c)(3) of the internal revenue code, 26 USC 501, that also meets the requirements of section 170(h)(3) of the internal revenue code, 26 USC 170. See Michigan Laws 324.51201Sustainable forestry: means that term as defined in section 52501. See Michigan Laws 324.50502 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Transportation: means the movement of liquid industrial by-product by air, rail, public or private roadway, or water. See Michigan Laws 324.12102 Transporter: means a person engaged in the off-site transportation of liquid industrial by-product by air, rail, public roadway, or water. See Michigan Laws 324.12102 Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any liquid industrial by-product, to neutralize the by-product, or to render the by-product safer to transport, store, or dispose of, amenable to recovery, amenable to storage, or reduced in volume. See Michigan Laws 324.12102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Vehicle: means a transport vehicle as defined by 49 C. See Michigan Laws 324.12102 Violations committee: means the violations committee appointed under section 53505. See Michigan Laws 324.53501 water withdrawal: means the removal of water from its source for any purpose. See Michigan Laws 324.30103