Michigan Laws > Chapter 18 > Act 431 of 1984 > Article 4
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Terms Used In Michigan Laws > Chapter 18 > Act 431 of 1984 > Article 4
- Abandoned scrap tires: means an accumulation of scrap tires on property where the property owner is not responsible in whole or in part for the accumulation of the scrap tires. See Michigan Laws 324.16901
- Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
- Absent voter ballot: means a ballot that is issued to a voter through the absentee voter process. See Michigan Laws 168.2
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
- Adulterated: means adulterated as determined under the Michigan food law of 1968, Act No. See Michigan Laws 10.121
- 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.
- Advisory council: means the Michigan trails advisory council created in section 72110. See Michigan Laws 324.72101
- Agricultural biomass: means residue and waste generated on a farm or by farm co-operative members from the production and processing of agricultural products, animal wastes, food processing wastes, or other materials as approved by the director. See Michigan Laws 324.14501
- 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 324.30103Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 Alkaline manganese battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte. See Michigan Laws 324.17101 annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appliance: means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, window room air conditioner, television, or computer. See Michigan Laws 324.17201 Appraisal: A determination of property value. Approved claim: means a claim that is approved pursuant to section 21510. See Michigan Laws 324.21502 Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated facilities: means restrooms, shelters, campgrounds, and parking lots directly related to trails or waterways projects. See Michigan Laws 324.71101 Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502 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. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC benefits: means advantages resulting from a project to public corporations, the inhabitants of public corporations, the inhabitants of this state, and property within public corporations. See Michigan Laws 324.30901 Block: means block as that term is used by the United States department of commerce, bureau of the census in conducting its 1980 decennial census. See Michigan Laws 4.804 Board: means the board of foresters created in section 53505(1). See Michigan Laws 324.53501 Board: means the board of ethics. See Michigan Laws 15.341 board: means the board of directors of the authority. See Michigan Laws 324.21502 Bond proceeds account: means the account within the fund to which proceeds of bonds or notes issued under this part have been credited. See Michigan Laws 324.21502 Bonds: means private activity bonds subject to the unified volume limitation and any other bonds, notes, and evidences of indebtedness, including certain lease and installment purchase obligations, that would be treated by the internal revenue service as private activity bonds unless issued with an allocation from the unified volume limitation. See Michigan Laws 12.112 Bonds: means the bonds issued under part 713 or former Act No. See Michigan Laws 324.71501 Bonds or notes: means the bonds, notes, commercial paper, other obligations of indebtedness, or any combination of these, issued by the finance authority pursuant to this part. See Michigan Laws 324.21502 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 Bulkhead line: means a line that is established pursuant to this part beyond which dredging, filling, or construction of any kind is not allowed without a permit. See Michigan Laws 324.30101 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. Claim: means the submission by the owner or operator or his or her representative of documentation on an application requesting payment by the authority. See Michigan Laws 324.21502 Collection site: means , subject to subdivision (e), a site consisting of a parcel or adjacent parcels of real property where any of the following are accumulated:
(i) 500 or more scrap tires. See Michigan Laws 324.16901Collector: means a person who receives covered electronic devices from consumers and arranges for the delivery of the covered electronic devices to a recycler. See Michigan Laws 324.17301 Commercial waste: means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, but does not include household waste from single residences, hazardous waste, or industrial waste. See Michigan Laws 324.17501 Commission: means the Michigan state capitol commission established in section 5. See Michigan Laws 4.1942 Commissioner: means the county drain commissioner or the county road commission in counties not having a drain commissioner, and, if more than 1 county is involved, each of the drain commissioners or drain commissioner and road commission in counties having no drain commissioner. See Michigan Laws 324.30701 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. Community cleanup site: means a site owned by a local unit of government or nonprofit organization that has received a scrap tire cleanup grant under section 16908(2)(c) and uses this site for the purpose of collecting scrap tires from residents as part of a community cleanup day or resident drop off. See Michigan Laws 324.16901 Community recreation plan: means a 5-year, comprehensive recreation plan for a given local unit of government, approval of which is required by the department for participation in the land and water conservation fund program pursuant to the land and water conservation fund act of 1965, public law 88-578, 78 Stat. See Michigan Laws 324.71601 Computer: means a desktop personal computer or laptop computer, a computer monitor, or beginning April 1, 2011, a printer. See Michigan Laws 324.17301 Computer takeback program: means a program required under section 17305(c). See Michigan Laws 324.17301 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. Consumer: means a person who used a covered electronic device primarily for personal or small business purposes in this state. See Michigan Laws 324.17301 Consumer product: means any food or beverage that is consumed by humans and any medicine including a prescription drug that is consumed or used by humans. See Michigan Laws 10.121 Conviction: A judgement of guilt against a criminal defendant. Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.82101 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. Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.21502 Council: means a trail management council established pursuant to section 72106. See Michigan Laws 324.72101 County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701 Court: means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action. See Michigan Laws 324.30701 Covered computer: means a computer that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301 Covered electronic device: means a covered computer or covered video display device. See Michigan Laws 324.17301 Covered video display device: means a video display device that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301 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 Dam: means an artificial barrier, structure, or facility, and appurtenant works, used to regulate or maintain the level of an inland lake. See Michigan Laws 324.30701 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deductible amount: means the amount of corrective action costs or indemnification costs that are required to be paid by an owner or operator as provided in section 21510a. See Michigan Laws 324.21502 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701 Department: means the department of environmental quality. See Michigan Laws 324.17301 Department: means the department of natural resources. See Michigan Laws 324.53501 Department: means the department of environmental quality. See Michigan Laws 324.17501 Department: means the department of natural resources. See Michigan Laws 324.71601 Department: means the department of natural resources. See Michigan Laws 324.72101 Department: means the department of natural resources unless expressly indicated otherwise. See Michigan Laws 324.33924 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 324.21502 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 environmental quality. See Michigan Laws 324.14501 Department: means the department of environmental quality. See Michigan Laws 324.16901 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. Derivative instrument or product: means either of the following:
(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 15.422Director: means the director of the department. See Michigan Laws 324.71601 Director: means the director of the department or his or her designee. See Michigan Laws 324.72101 Director: means the director of the department of environmental quality. See Michigan Laws 324.14501 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: Distributor: means a person who sells batteries to retailers in this state. See Michigan Laws 324.17101 Docket: A log containing brief entries of court proceedings. Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Eligible farmer or agricultural processor: means a person who processes agricultural products or a person who is engaged as an owner-operator of a farm in the production of agricultural goods as defined by section 35(1)(h) of the former single business tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan business tax act, 2007 PA 36, MCL 208. See Michigan Laws 324.14501 Employee: means an employee, classified or unclassified, of the executive branch of this state. See Michigan Laws 15.341 Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Michigan Laws 15.361 Employer: means a person who has 1 or more employees. See Michigan Laws 15.361 Energy advisory committee: means the committee created under section 2. See Michigan Laws 10.81 Energy emergency: means a condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage. See Michigan Laws 10.81 Energy resource: means electricity, natural gas, synthetic gas, a petroleum product including a liquefied petroleum gas, coal, wood fuel, geothermal source, hydropower, nuclear material, or other source producing power or heat. See Michigan Laws 10.81 Energy shortage: means lack of adequate available energy resources in the state, or any part of the state, as determined by the energy advisory committee or the governor. See Michigan Laws 10.81 Enhanced access: means a public record's immediate availability for public inspection, purchase, or copying by digital means. See Michigan Laws 15.442 enumeration district: means enumeration district as that term is used by the United States department of commerce, bureau of the census in conducting its 1980 decennial census. See Michigan Laws 4.804 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 Equine access locations: means open access roads, management roads, forestry access roads, 2-track and single-track trails that are not wildlife paths, staging areas for pack and saddle animals to be dropped off or picked up, and associated wilderness campsites. See Michigan Laws 324.72101 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. 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 Fiduciary: A trustee, executor, or administrator. Finance authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.21502 Financial report: means any of the following:
(i) An audit report or other report for a local unit showing the cost and fiscal year end market value of derivative instruments or products in the local unit's pension or nonpension investment portfolio at fiscal year end reported both on an aggregate basis and itemized by issuer and type of derivative instrument or product, including but not limited to an annual financial report under section 4 of the uniform budgeting and accounting act, Act No. See Michigan Laws 15.422Fire chief: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 324.14701 firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Forest development fund: means the forest development fund created in section 50507. See Michigan Laws 324.53501 Forest road: means that term as defined in section 81101. See Michigan Laws 324.72101 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 Fraud: Intentional deception resulting in injury to another. Free flowing: means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification. See Michigan Laws 324.30501 Fund: means the Michigan state capitol historic site fund created in section 7. See Michigan Laws 4.1942 Fund: means the recreation bond fund created in section 71506. See Michigan Laws 324.71501 Fund: means the Pure Michigan Trails fund created in section 72109. See Michigan Laws 324.72101 Fund: means the land and water management permit fee fund created in section 30113. See Michigan Laws 324.30101 Fund: means the underground storage tank cleanup fund created in section 21506b and includes the bond proceeds account established within the fund. See Michigan Laws 324.21502 Fund: means the scrap tire regulatory fund created in section 16908. See Michigan Laws 324.16901 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 Geographical information system: means an informational unit or network capable of producing customized maps based on a digital representation of geographical data. See Michigan Laws 15.442 Governmental agency: means the federal government, a county, city, village, or township, or a combination of any of these entities. See Michigan Laws 324.72101 Grant: means a local recreation grant under this part. See Michigan Laws 324.71601 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC 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. Height of the dam: means the difference in elevation measured vertically between the natural bed of an inland lake or stream at the downstream toe of the dam, or, if it is not across a stream channel or watercourse, from the lowest elevation of the downstream toe of the dam, to the design flood elevation or to the lowest point of the top of the dam, whichever is less. See Michigan Laws 324.30101 Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.82101 Highway or street: means the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel. See Michigan Laws 324.82101 Household waste: means any solid waste that is derived from single residences, but does not include any of the following:
(i) Commercial waste. See Michigan Laws 324.17501Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101 Indemnification: means indemnification of an owner or operator for a legally enforceable judgment entered against the owner or operator by a third party, or a legally enforceable settlement entered between the owner or operator and a third party, compensating that third party for bodily injury or property damage, or both, caused by an accidental release as those terms are defined in R 29. See Michigan Laws 324.21502 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 Infrastructure improvement: means restoration of the natural environment or the renovation, repair, replacement, upgrading, or structural improvement of an existing facility that is not less than 15 years old, including any of the following:
(i) Recreation centers. See Michigan Laws 324.71601Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701 Inland lake: means a public inland lake or a private inland lake. See Michigan Laws 324.30901 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 Interested person: means a person who has a record interest in the title to, right of ingress to, or reversionary right to a piece or parcel of land that would be affected by a permanent change in the bottomland of a natural or artificial, public or private inland lake, or adjacent wetland. See Michigan Laws 324.30901 Involuntary statement: means information provided by a law enforcement officer, if compelled under threat of dismissal from employment or any other employment sanction, by the law enforcement agency that employs the law enforcement officer. See Michigan Laws 15.391 Issuer: means a municipal issuer or a state issuer. See Michigan Laws 12.112 Law enforcement agency: means the department of state police, the department of natural resources, or a law enforcement agency of a county, township, city, village, airport authority, community college, or university, that is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state. See Michigan Laws 15.391 Law enforcement officer: means all of the following:
(i) A person who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 15.391Law enforcement 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 324.16901 Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.82101Lead acid battery: means a storage battery, that is used to start an internal combustion engine or as the principal electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. See Michigan Laws 324.17101 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. 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 governing body: means the legislative body of a local unit of government. See Michigan Laws 324.30901 Local public recreation project: means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities, and the restoration of the natural environment. See Michigan Laws 324.71501 Local recreation project: means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities. See Michigan Laws 324.71601 Local unit: means an entity required to make an annual financial report under section 4 of Act No. See Michigan Laws 15.422 local unit: means a municipality or county. See Michigan Laws 324.301 Local unit of government: means a county, city, township, village, school district, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71501 Local unit of government: means a county, city, township, village, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71601 major political party: means each of the 2 political parties whose candidate for the office of secretary of state received the highest and second highest number of votes at the immediately preceding general election in which a secretary of state was elected. See Michigan Laws 168.16 Majority leader: see Floor Leaders Manufacturer: means a person who produces batteries for sale in this state. See Michigan Laws 324.17101 Manufacturer: means a person that produces, imports, or distributes mercury thermometers in this state. See Michigan Laws 324.17201 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 Mercuric oxide battery: means a dry cell battery that delivers an essentially constant output voltage throughout its useful life by means of a chemical reaction between zinc and mercuric oxide. See Michigan Laws 324.17101 Mercury fever thermometer: means a mercury thermometer used for measuring body temperature. See Michigan Laws 324.17201 Mercury thermometer: means a product or component, other than a dry cell battery, of a product used for measuring temperature that contains mercury or a mercury compound intentionally added to the product or component. See Michigan Laws 324.17201 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301 Minor offense: means either of the following violations of this part if the project involved in the offense is a minor project or the department determines that restoration of the affected property is not required:
(i) The failure to obtain a permit under this part. See Michigan Laws 324.30101Mooring 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. 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. Municipal issuer: means a city, village, township, county, school district, or community college district, or an agency, instrumentality, authority, or district created by 1 or more of the foregoing that is authorized by law to issue bonds. See Michigan Laws 12.112 Natural river: means a river that has been designated by the department for inclusion in the wild, scenic, and recreational rivers system. See Michigan Laws 324.30501 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. Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701 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 Off-road vehicle: means ORV as it is defined in part 811, which is required to be registered under part 811. See Michigan Laws 324.71101 Operate: means to ride in or on and be in actual physical control of the operation of a snowmobile. See Michigan Laws 324.82101 Operating expenses: includes , but is not limited to, a public body's direct cost of creating, compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form available for enhanced access, including the cost of computer hardware and software, system development, employee time, and the actual cost of supplying the information or record in the form requested by the purchaser. See Michigan Laws 15.442 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 Operator: means that term as it is defined in section 21303 or a person to whom an approved claim has been assigned or transferred. See Michigan Laws 324.21502 Operator: means any individual who operates a snowmobile. See Michigan Laws 324.82101 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 that term as it is defined in section 21303. See Michigan Laws 324.21502 Owner: means any of the following:
(i) A person that holds the legal title to a snowmobile. See Michigan Laws 324.82101Pack and saddle trails: means trails and equine access locations that may be used by pack and saddle animals. See Michigan Laws 324.72101 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.82101Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 4.1942 Person: means an individual, partnership, corporation, organization, or association of any kind. See Michigan Laws 10.81 Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Michigan Laws 15.361 Person: means an individual, partnership, corporation, association, or other nongovernmental legal entity. See Michigan Laws 324.33924 Person: means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 15.442 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.21503 Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number, but does not include information on snowmobile operation or equipment-related violations or civil infractions, operator or snowmobile registration status, accidents, or other behaviorally-related information. See Michigan Laws 324.82101 Personal property: All property that is not real property. PFAS: means a perfluoroalkyl or polyfluoroalkyl substance. See Michigan Laws 324.14701 plant: means a tree, bough, shrub, vine, or other native plant, or a part of a tree, bough, shrub, vine, or other native plant, listed in subsection (1). See Michigan Laws 324.52901 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. Political subdivision: includes all public bodies corporate within but not including the state, including all agencies thereof or any non-incorporated body within the state of whatever nature, including all agencies thereof. See Michigan Laws 15.303 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 324.14301Pollution prevention: means all of the following:
(i) "Source reduction" as defined in 42 USC 13102. See Michigan Laws 324.14501Preliminary costs: includes costs of the engineering feasibility report, economic study, estimate of total cost, and cost of setting up the assessment district. See Michigan Laws 324.30901 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Printer: means a printer or a multifunction or "all-in-one" device that in addition to printing performs 1 or more other operations such as copying, scanning, or faxing, that is designed to be placed on a desk or other work surface, and that may use any of various print technologies, such as laser and LED (electrographic), ink jet, dot matrix, thermal, or digital sublimation. See Michigan Laws 324.17301 Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 82127(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 82127(6), a local ordinance substantially corresponding to section 82127(6), or a law of another state substantially corresponding to section 82127(6), or a law of the United States substantially corresponding to section 82127(6) may be used as a prior conviction other than for enhancement purposes as provided in section 82129a(1)(b). See Michigan Laws 324.82101Private activity bonds: means bonds, notes, or other evidences of indebtedness issued as private activity bonds as authorized by law and as defined in section 141 of the internal revenue code. See Michigan Laws 12.112 Private inland lake: means an inland lake other than a public inland lake. See Michigan Laws 324.30901 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Public body: means all of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government. See Michigan Laws 15.361Public body: means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 15.442 public employee: means an employee of the state classified civil service, or an employee of a political subdivision of the state who is not an elected official. See Michigan Laws 15.401 Public entity: means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof. See Michigan Laws 15.321 Public inland lake: means a lake that is accessible to the public by publicly owned lands or highways contiguous to publicly owned lands or by the bed of a stream, except the Great Lakes and connecting waters. See Michigan Laws 324.30901 Public officer: means a person appointed by the governor or another executive department official. See Michigan Laws 15.341 Public record: means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 15.442 Public servant: includes all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act. See Michigan Laws 15.321 Pure Michigan Trail: means a trail designated as a "Pure Michigan Trail" under section 72103. See Michigan Laws 324.72101 Pure Michigan Trail Town: means a "Pure Michigan Trail Town" designated under section 72104. See Michigan Laws 324.72101 Pure Michigan Water Trail: means a water trail designated as a "Pure Michigan Water Trail" under section 72103. See Michigan Laws 324.72101 Qualified agricultural energy production system: means the structures, equipment, and apparatus to be used to produce a gaseous fuel from the noncombustive decomposition of agricultural biomass and the apparatus and equipment used to generate electricity or heat from the gaseous fuel or store the gaseous fuel for future generation of electricity or heat. See Michigan Laws 324.14501 qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10 Qualified taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b Quorum: The number of legislators that must be present to do business. Rail-trail: means a former railroad bed that is in public ownership and used as a trail. See Michigan Laws 324.72101 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 324.30101Recreation improvement account: means the recreation improvement account of the Michigan conservation and recreation legacy fund provided for in section 2020. See Michigan Laws 324.71101 Recreational projects: means , in addition to the activities provided for in this part, the construction, maintenance, and operation of trails and associated facilities that may be used by off-road vehicles, cross-country skiers, horseback riders, and hikers, and inland lake cleanup grants as provided by part 309. See Michigan Laws 324.71101 Recyclable materials: means that term as it is defined in section 11505. See Michigan Laws 324.17501 Recycler: means a person who as a principal component of business operations acquires covered electronic devices and sorts and processes the covered electronic devices to facilitate recycling or resource recovery techniques. See Michigan Laws 324.17301 Recycling: means an action or process, such as separation, sorting, baling, or shipping, applied to reportable recyclable materials for the purposes of reuse or conversion into raw materials or new products. See Michigan Laws 324.17501 Recycling establishment: means an establishment engaged in recycling of, or brokering of, reportable recyclable materials. See Michigan Laws 324.17501 Refined petroleum: means aviation gasoline, middle distillates, jet fuel, kerosene, gasoline, residual oils, and any oxygenates that have been blended with any of these. See Michigan Laws 324.21503 Refined petroleum fund: means the refined petroleum fund established under section 21506a. See Michigan Laws 324.21503 Refined petroleum underground storage tank: means an underground storage tank system used for the storage of refined petroleum. See Michigan Laws 324.21503 Registered forester: means a forester registered under section 53509. See Michigan Laws 324.53501 Release: means that term as it is defined in section 21303. See Michigan Laws 324.21503 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. removed: means a physical transfer other than by evaporation, loss, or destruction of refined petroleum or a refined petroleum product from a refiner, pipeline terminal operator, or marine terminal operator. See Michigan Laws 324.21503 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retailer: means a place of business that offers consumer products for sale to the general public. See Michigan Laws 10.121 Retailer: means a person that sells a covered electronic device to a consumer by any means, including transactions conducted through sales outlets, catalogs, mail order, or the internet, whether or not the person has a physical presence in this state. See Michigan Laws 324.17301 Retailer: means a person who sells or offers to sell batteries to consumers within this state. See Michigan Laws 324.17101 RETAP: means the retired engineers technical assistance program created in section 14511. See Michigan Laws 324.14501 Right-of-way: means that portion of a highway or street not including the roadway and any shoulder. See Michigan Laws 324.82101 Riparian interest area: means that portion of an inland lake or stream over which a riparian owner has an ownership interest. See Michigan Laws 324.30101 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 River: means a flowing body of water or a portion or tributary of a flowing body of water, including streams, creeks, or impoundments and small lakes thereon. See Michigan Laws 324.30501 Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101 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 Scrap tire: means a tire that is no longer being used for its original intended purpose including, but not limited to, a used tire, a reusable tire casing, or portions of a tire. See Michigan Laws 324.16901 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nseal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a Seasonal 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 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: is a lways mandatory and "may" is always discretionary. See Michigan Laws 206.2 Shoulder: means that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic. See Michigan Laws 324.82101 Site: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Small business: means a business with 10 or fewer employees. See Michigan Laws 324.17301 Small business: means a business that is not dominant in its field as described in 13 C. See Michigan Laws 324.14501 Snowmobile: means any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.71101 Software: means a set of statements or instructions that when incorporated in a machine-usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. See Michigan Laws 15.442 Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4 Specialty court program: means a program under any of the following:
(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 324.82101State issuer: means the state of Michigan, an agency, authority, or other instrumentality created by the laws of this state, the governing body of which is composed of members elected by the people or appointed in whole or in part by a state officer, or a state college or university listed or described in section 4 of article VIII of the state constitution of 1963, which entity is authorized to issue bonds. See Michigan Laws 12.112 state officer: means only a person occupying one of the following offices established by the constitution: governor; lieutenant governor; secretary of state; state treasurer; attorney general; auditor general; superintendent of public instruction; member of the state board of education; regent of the university of Michigan; trustee of Michigan State University; governor of Wayne State University; member of a board of control of one of the other institutions of higher education named in section 4 of article 8 of the constitution or established by law as therein provided; president of each of the foregoing universities and institutions of higher learning; member of the state board for public community and junior colleges; member of the supreme court; member of the court of appeals; member of the state highway commission; director of the state highway commission; member of the liquor control commission; member of the board of state canvassers; member of the commission on legislative apportionment; member of the civil service commission; state personnel director; or member of the civil rights commission; together with his principal deputy who by law under specified circumstances, may exercise independently some or all of the sovereign powers of his principal whenever the deputy is actually exercising such powers. See Michigan Laws 15.303 Statewide trail network: means the statewide trail network established in section 72114. See Michigan Laws 324.72101 Structure: includes a wharf, dock, pier, seawall, dam, weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge. See Michigan Laws 324.30101 System: means all of those rivers or portions of rivers designated under this part. See Michigan Laws 324.30501 takeback program: means a computer takeback program or a video display device takeback program. See Michigan Laws 324.17301 Thermostat: means a consumer product that uses a switch that contains mercury or a mercury compound to sense and control room temperature, including room temperature in residential, commercial, industrial, and other buildings, by communicating with heating, ventilating, or air-conditioning equipment. See Michigan Laws 324.17201 Third party: means a person who requests a geographical information system or output from a geographical information system under this act. See Michigan Laws 15.442 Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a tractor or other farm machinery or of a vehicle. See Michigan Laws 324.16901 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. Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting its 1980 decennial census. See Michigan Laws 4.804 Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 4.2006 Trail: means a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel. See Michigan Laws 324.72101 trail: means a right-of-way adapted to foot or horseback travel. See Michigan Laws 324.72301 Treasurer: means the state treasurer or a deputy or employee of the department of treasury that the state treasurer authorizes to act under this act. See Michigan Laws 12.112 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. Underground storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Unethical conduct: means a violation of the standards in section 2. See Michigan Laws 15.341 Unified volume limitation: means the ceiling for this state on the aggregate amount of bonds that may be issued by all issuers in the state as prescribed by section 146 of the internal revenue code for a particular year. See Michigan Laws 12.112 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 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 device in, upon, or by which a person or property is or may be transported or drawn upon a highway. See Michigan Laws 324.16901 Verdict: The decision of a petit jury or a judge. Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.71101Video display device: means an electronic device with a viewable screen of 4 inches or larger that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite. See Michigan Laws 324.17301 Video display device takeback program: means a program required under section 17305(d). See Michigan Laws 324.17301 Violations committee: means the violations committee appointed under section 53505. See Michigan Laws 324.53501 Water trail: means a designated route on a body of water. See Michigan Laws 324.72101 water withdrawal: means the removal of water from its source for any purpose. See Michigan Laws 324.30103 Watercraft: means any contrivance that is 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 watercraft used or owned by the United States. See Michigan Laws 324.71101 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.71101 Well maintained: means that any structure on the land complies with township building codes and current county and state sanitation codes and part 325 and that the land is adequately protected from erosion. See Michigan Laws 324.33924 Work invoice: means a list of goods or services for costs of corrective action related to a claim, including a statement of the amount due. See Michigan Laws 324.21503 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Zinc carbon battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an electrolyte consisting of ammonium chloride or a zinc chloride solution, or both. See Michigan Laws 324.17101