Michigan Laws > Chapter 288 > Act 267 of 2001 > Article 11
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Terms Used In Michigan Laws > Chapter 288 > Act 267 of 2001 > Article 11
- accumulated contributions: means the amounts deducted from the compensations of a member of a reciprocal retirement system and credited to his individual account in the system, together with interest, if any, credited thereon. See Michigan Laws 38.1102
- Adulterated: means food or milk products to which any of the following apply:
(i) It bears or contains any poisonous or deleterious substance that may render it injurious to health except that, if the substance is not an added substance, the food or milk product is not considered adulterated if the quantity of that substance in the food or milk product does not ordinarily render it injurious to health. See Michigan Laws 288.570Advice 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. Agricultural land: means substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities. See Michigan Laws 125.3102 Airport: means an airport licensed under section 86 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259. See Michigan Laws 125.3102 Airport manager: means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259. See Michigan Laws 125.3102 Airport zoning regulations: means airport zoning regulations under the airport zoning act, 1950 (Ex Sess) PA 23, MCL 259. See Michigan Laws 125.3102 Alcoholic liquor: means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436. See Michigan Laws 333.13101 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. 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. Applicant: means the person who submits an application for a body art facility license under this part and includes the owner or operator, an agent of the owner or operator, or any other person operating under the apparent authority of the owner or operator of a body art facility that is required to be licensed under this part. See Michigan Laws 333.13101 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 Approved: means acceptable to the department. See Michigan Laws 333.13301 Approved laboratory: means a laboratory that has been evaluated by the department and is approved to perform tests on manufacturing milk and milk products. See Michigan Laws 288.570 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. Audited financial statement: means a fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principles. See Michigan Laws 288.570 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 Bequest: Property gifted by will. Body art facility: means the location at which an individual does 1 or more of the following:
(i) Performs tattooing. See Michigan Laws 333.13101Body piercing: means the perforation of human tissue other than an ear for a nonmedical purpose. See Michigan Laws 333.13101 Branding: means a permanent mark made on human tissue by burning with a hot iron or other instrument. See Michigan Laws 333.13101 Casino: means that term as defined in section 2 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 333.12601 Chief administrative official: means the manager or other highest nonelected administrative official of a city or village. See Michigan Laws 125.3803 Chief elected official: means the mayor of a city, the president of a village, the supervisor of a township, or, subject to section 5, the chairperson of the county board of commissioners of a county. See Michigan Laws 125.3803 Cigar: means any roll of tobacco weighing 3 or more pounds per 1,000, which roll has a wrapper or cover consisting only of tobacco. See Michigan Laws 333.12601 Cigar bar: means an establishment or area within an establishment that is open to the public and is designated for the smoking of cigars, purchased on the premises or elsewhere. See Michigan Laws 333.12601 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conservation easement: means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 125.3102 Contract: A legal written agreement that becomes binding when signed. Controlled substance: means that term as defined in section 7104. See Michigan Laws 333.13101 Coordinating zoning committee: means a coordinating zoning committee as described under section 307. See Michigan Laws 125.3102 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. Dairy farm: means any place or premises where 1 or more dairy animals are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Michigan Laws 288.572 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Michigan department of agriculture. See Michigan Laws 288.572 Dependent: A person dependent for support upon another. Development rights: means the rights to develop land to the maximum intensity of development authorized by law. See Michigan Laws 125.3102 Development rights ordinance: means an ordinance, which may comprise part of a zoning ordinance, adopted under section 507. See Michigan Laws 125.3102 Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.572 district: means the territory of a next Michigan development corporation. See Michigan Laws 125.2953 Donor: The person who makes a gift. Dry cleaning: includes dry dyeing and means the process of removing dirt, grease, paints, and other stains from wearing apparel, textiles, fabrics, and rugs by use of nonaqueous liquid solvents, including:
(i) Immersion and agitation in open vessels. See Michigan Laws 333.13301Dry dyeing: means the process of dyeing clothes or other fabrics of textiles in a solution of dye colors and nonaqueous solvents. See Michigan Laws 333.13301 Eligible urban entity: means a city with a population of 100,000 or more and is the largest city within a metropolitan statistical area as defined by the United States office of management and budget. See Michigan Laws 125.2953 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC 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 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. Fiduciary: A trustee, executor, or administrator. Final average salary: means the salary or the average of salaries used in computing a retirement allowance, as set forth in the retirement system plan. See Michigan Laws 38.1102 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. Food service establishment: means a food service establishment as defined in section 12905. See Michigan Laws 333.12601 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 Fraud: Intentional deception resulting in injury to another. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governmental unit: means the state to the extent the employees of the state are covered under an applicable state unit; and any municipal unit. See Michigan Laws 38.1102 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Greenway: means a contiguous or linear open space, including habitats, wildlife corridors, and trails, that links parks, nature reserves, cultural features, or historic sites with each other, for recreation and conservation purposes. See Michigan Laws 125.3102 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. Imminent or substantial health hazard: means a determination by the director of either or both of the following:
(i) A condition that exists at a dairy farm or dairy plant requiring immediate action to prevent endangering the public health or safety. See Michigan Laws 288.573Improvements: means those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety, and welfare of the residents of a local unit of government and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. See Michigan Laws 125.3102 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 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intensity of development: means the height, bulk, area, density, setback, use, and other similar characteristics of development. See Michigan Laws 125.3102 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 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. Label: means a display of written, printed, or graphic matter upon the immediate container of any article conforming to a requirement imposed under this act that any word, statement, or other information appearing on the label also appears on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 288.573 Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 288.573 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative body: means the county board of commissioners of a county, the board of trustees of a township, or the council or other similar elected governing body of a city or village. See Michigan Laws 125.3102 Legislative body: means the county board of commissioners of a county, the board of trustees of a township, or the council or other elected governing body of a city or village. See Michigan Laws 125.3803 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensee: means the person who is the holder of a license under this part or the person who is legally responsible for the operation of a body art facility and includes the owner or operator, an agent of the owner or operator, or any other person operating under the apparent authority of the owner or operator of a body art facility that is required to be licensed under this part. See Michigan Laws 333.13101 Lien: A claim against real or personal property in satisfaction of a debt. Lineal descendant: Direct descendant of the same ancestors. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local governing entity: means that term as defined in section 2406. See Michigan Laws 333.13101 Local governmental unit: means a county, city, village, township, or charter township. See Michigan Laws 125.2953 local unit: means a county or municipality. See Michigan Laws 125.3803 Local unit of government: means a county, township, city, or village. See Michigan Laws 125.3102 Majority leader: see Floor Leaders Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706 Master plan: means either of the following:
(i) As provided in section 81(1), any plan adopted or amended before September 1, 2008 under a planning act repealed under section 85. See Michigan Laws 125.3803Meeting: means a meeting as defined in section 2 of the open meetings act, 1976 PA 267, MCL 15. See Michigan Laws 333.12601 Michigan strategic fund: means the Michigan strategic fund as described in the Michigan strategic fund act, 1984 PA 270, MCL 125. See Michigan Laws 125.2953 Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. See Michigan Laws 288.574 Milk buyer: means any milk producer, milk producer marketing organization, dairy plant, receiving station, transfer station, or bulk milk hauler that either takes delivery of raw milk or a raw milk product or manages the sale of the raw milk or raw milk product, or both. See Michigan Laws 288.574 milk plant: means any place, premises, or establishment where milk or dairy products are collected, handled, processed, stored, pasteurized, aseptically processed, packaged, or prepared for distribution. See Michigan Laws 288.572 milk product: means products that include, but are not limited to, evaporated milk, condensed skim milk, condensed milk, condensed buttermilk, condensed milk solids, concentrate milk, nonfat dry milk, dry milk, dry cream, dry whey, dry buttermilk, butter, buttermilk, cheese, cheese products, ice cream, sherbet, frozen desserts, dairy confections, or novelties, related dairy products with butter fat or milk solids substitutions, filtered milk components, infant formula manufactured with dairy ingredients, whey, whey cream, and other products for human consumption not regulated under the grade A milk law of 2001 or as determined appropriate by the director. See Michigan Laws 288.572 Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.574 Milk tank truck cleaning facility: means any place, premises, or establishment, separate from a dairy plant, receiving station, or transfer station where a milk tank truck is cleaned and sanitized. See Michigan Laws 288.574 Milk transportation company: means the company that is the person responsible for a milk tank truck. See Michigan Laws 288.574 Minor: means an individual under 18 years of age who is not emancipated under section 4 of 1968 PA 293, MCL 722. See Michigan Laws 333.13101 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. municipal: means or refers to a city, village, or township. See Michigan Laws 125.3803 Municipal unit: means a county, city, village, township or school district of the first class; any separate corporation or instrumentality established by 1 or more counties, cities or villages, as permitted by law; any corporation or instrumentality supported in most part by counties, cities and villages, or any of them; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with 1 or more counties, cities and villages. See Michigan Laws 38.1102 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. Offering for sale: means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media. See Michigan Laws 288.576 Other eligible land: means land that has a common property line with agricultural land from which development rights have been purchased and is not divided from that agricultural land by a state or federal limited access highway. See Michigan Laws 125.3102 Other security: means a mutually acceptable producer security agreement, acceptable to the director, approved and signed by the milk buyer and all milk sellers selling milk to that milk buyer. See Michigan Laws 288.576 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means a person as defined in section 1106 or a governmental entity. See Michigan Laws 333.13301 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 125.3102 Person: means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation. See Michigan Laws 288.576 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Planning commission: means either of the following, as applicable:
(i) A planning commission created pursuant to section 11(1). See Michigan Laws 125.3803Population: means the population according to the most recent federal decennial census or according to a special census conducted under section 7 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141. See Michigan Laws 125.3102 Population: means the population according to the most recent federal decennial census or according to a special census conducted under section 7 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141. See Michigan Laws 125.3803 Probate: Proving a will Producer: means a person who owns or operates a dairy farm and sells or distributes milk produced on that farm including a person who markets milk on behalf of a producer pursuant to a marketing agreement. See Michigan Laws 288.576 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public place: except as otherwise provided in subsection (2), means any of the following:
(i) An enclosed, indoor area owned or operated by a state or local governmental agency and used by the general public or serving as a meeting place for a public body, including an office, educational facility, home for the aged, nursing home, county medical care facility, hospice, hospital long-term care unit, auditorium, arena, meeting room, or public conveyance. See Michigan Laws 333.12601Public transportation agency: means a governmental entity that operates or is authorized to operate intercity or local commuter passenger rail service in this state or a public transit authority created under 1 of the following acts:
(i) The metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124. See Michigan Laws 125.3803Qualified residential treatment program: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 125.3102 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. Receiving station: means any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. See Michigan Laws 288.576 reciprocal retirement system: means a state unit which elects to become a reciprocal unit. See Michigan Laws 38.1102 Reciprocal unit: means any state unit or municipal unit which elects to come under the provisions of this act. See Michigan Laws 38.1102 Registered name: means either a name that is registered as "doing business as" at the county clerk's office in the county in which the producer or processor resides or that is registered with the state of Michigan as a legal entity registered to do business within the state under an assumed name. See Michigan Laws 288.576 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. Retail: means selling or offering for sale dairy products directly to a consumer. See Michigan Laws 288.576 Retail food establishment: means an operation that sells or offers to sell food directly to a consumer. See Michigan Laws 288.576 Retirement: means the withdrawal of a member of a reciprocal retirement system from the employ of a reciprocal unit with a retirement allowance payable from funds of the reciprocal retirement system. See Michigan Laws 38.1102 Retirement allowance: means the annuity, pension or retirement allowance payable to a member of a reciprocal retirement system on account of his employment with a reciprocal unit. See Michigan Laws 38.1102 Retirement system: means the retirement, pension or annuity system, plan or fund under which a governmental unit covers its employees. See Michigan Laws 38.1102 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nService of process: The service of writs or summonses to the appropriate party. shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Site plan: includes the documents and drawings required by the zoning ordinance to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes. See Michigan Laws 125.3102 smoke: means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance that contains a tobacco product. See Michigan Laws 333.12601 Smoking: means that term as defined in section 12601. See Michigan Laws 333.13101 Smoking paraphernalia: means any equipment, apparatus, or furnishing that is used in or necessary for the activity of smoking. See Michigan Laws 333.12601 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 State licensed residential facility: means a structure constructed for residential purposes that is licensed by the state under the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 125.3102 State unit: means the state employees' retirement system, established by Act No. See Michigan Laws 38.1102 Street: means a street, avenue, boulevard, highway, road, lane, alley, viaduct, or other public way intended for use by motor vehicles, bicycles, pedestrians, and other legal users. See Michigan Laws 125.3803 Summons: Another word for subpoena used by the criminal justice system. Tattoo: means 1 or more of the following:
(i) An indelible mark made upon the body of another individual by the insertion of a pigment under the skin. See Michigan Laws 333.13101Temporary body art facility: means a body art facility that operates at a fixed or temporary location in this state for a time period that does not exceed 14 consecutive days and includes out-of-state facilities operating within this state. See Michigan Laws 333.13101 Testator: A male person who leaves a will at death. Tobacco specialty retail store: means an establishment in which the primary purpose is the retail sale of tobacco products and smoking paraphernalia, and in which the sale of other products is incidental. See Michigan Laws 333.12601 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. Transfer station: means any place, premises, or establishment where milk or dairy products are transferred directly from 1 milk tank truck to another. See Michigan Laws 288.577 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. Undeveloped state: means a natural state preserving natural resources, natural features, scenic or wooded conditions, agricultural use, open space, or a similar use or condition. See Michigan Laws 125.3102 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Verified financial statement: means a financial statement that contains a notarized statement, signed and sworn to by an authorized representative of the dairy plant, attesting that the financial statement is correct. See Michigan Laws 288.577 Wholesale: means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer. See Michigan Laws 288.577 Zoning commission: means a zoning commission as described under section 301. See Michigan Laws 125.3102 Zoning jurisdiction: means the area encompassed by the legal boundaries of a city or village or the area encompassed by the legal boundaries of a county or township outside the limits of incorporated cities and villages. See Michigan Laws 125.3102