Michigan Laws > Chapter 28 > Act 235 of 2016 – Public Threat Alert System Act
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| § 28.671 | Short title |
| § 28.672 | “Public threat” defined |
| § 28.673 | Public threat alert system plan; establishment; maintenance; design; activation |
| § 28.674 | False report; violation as felony; penalty |
Terms Used In Michigan Laws > Chapter 28 > Act 235 of 2016 - Public Threat Alert System Act
- 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
- Acknowledgment form: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Active duty firearms standard: means the in-service standard for the training and qualification of active duty law enforcement officers as mandated by the commission under the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administrative expenses: means the costs described in section 9(2). See Michigan Laws 285.313
- Administrative premium: means the amount of money charged to and collected from a producer under section 10. See Michigan Laws 285.313
- Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
- Administratrix: The female counterpart of an administrator. See also
- Adverse resource impact: means any of the following:
(i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701Advice 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. Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls the person specified. See Michigan Laws 324.21502 Agreement: means the document entitled "Great Lakes protection fund agreement" signed by the governor on February 26, 1989. See Michigan Laws 324.33101 agreement: means a restrictive covenant, evidenced by an instrument in which the owner and the state, for a term of years, agree to jointly hold the right to undertake development of the land, and that contains a covenant running with the land, for a term of years, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101 Agricultural conservation easement: means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. See Michigan Laws 324.36101 Agricultural purpose: means the agricultural production of plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. See Michigan Laws 324.32701 Agricultural use: means the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; maple syrup production; Christmas trees; and other similar uses and activities. See Michigan Laws 324.36101 Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302 Airboat: means a motorboat that is propelled, wholly or in part, by a propeller projecting above the water surface. See Michigan Laws 324.80101 Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.80101 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 28.512 Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101 Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312. See Michigan Laws 324.21302 Allegation: something that someone says happened. Alternative fuel: means a fuel composed of biomass or another fuel that does not have petroleum as a base or a blend of a nonpetroleum-based fuel and a petroleum-based fuel. See Michigan Laws 285.341 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. 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 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicable environmental requirement: means an applicable federal environmental requirement, an applicable state environmental requirement, or an environmental requirement established by a local unit of government. See Michigan Laws 324.1401 Applicable federal environmental requirement: means any of the following:
(i) The federal water pollution control act, 33 USC 1251 to 1387. See Michigan Laws 324.1401Applicable state environmental requirement: means any of the following or a rule promulgated or permit, order, or other legally binding document issued under any of the following:
(i) Article II or chapter 1 or 3 of article III. See Michigan Laws 324.1401Application period: means the period beginning when an application for a permit is received by the state and ending when the application is considered to be administratively complete under section 1305 and any applicable fee has been paid. See Michigan Laws 324.1301 Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Approved claim: means a claim that is approved pursuant to section 21510. See Michigan Laws 324.21502 Aquifer: means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn. See Michigan Laws 324.32801 Aquifer performance test: means a controlled field test in which all of the following are done:
(i) At least 1 monitoring well is installed. See Michigan Laws 324.32706cArraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Arrest card: means a paper form or an electronic format prescribed by the department that facilitates the collection and compilation of criminal and juvenile arrest history record information and biometric data. See Michigan Laws 28.241a Articles: means the articles of incorporation of an authority. See Michigan Laws 324.901 Articles pyrotechnic: means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C. See Michigan Laws 28.452 Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701 Assessment tool: means the water withdrawal assessment tool provided for in part 327. See Michigan Laws 324.32801 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated equipment: means any of the following that are not radio equipment:
(i) An original system, part, or component of a boat at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement. See Michigan Laws 324.80101Associated equipment: means any of the following that are not radio equipment:
(i) An original system, part, or component of a personal watercraft at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement. See Michigan Laws 324.80201Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney general: means the department of the attorney general. See Michigan Laws 324.20101 ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101 Auction: means the sale or offer for sale by bidding of real or personal property at a public or private location. See Michigan Laws 324.82101 Auctioneer: means a person that is engaged in the business of conducting auctions or that offers to conduct an auction for compensation. See Michigan Laws 324.82101 Authority: means a joint city-state environmental management authority created pursuant to section 902. See Michigan Laws 324.901 Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502 Authority: means the farm produce insurance authority created in section 5. See Michigan Laws 285.313 Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.20101 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. Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a 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. Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is or contains a facility. See Michigan Laws 324.20101 Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is a site. See Michigan Laws 324.21302 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. Biodiesel: means a fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and, in accordance with standards specified by the American society for testing and materials, designated B100, and meeting the requirements of D6751, as approved by the department. See Michigan Laws 285.341 Biometric data: means all of the following:
(i) Fingerprint images recorded in a manner prescribed by the department. See Michigan Laws 28.241aBoard: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101 Board: means the board of ethics. See Michigan Laws 15.341 Board: means the Michigan Great Lakes protection fund technical advisory board created in section 32908. See Michigan Laws 324.32901 Board: means the board of directors of the authority. See Michigan Laws 324.901 Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.1901 board: means the board of directors of the authority. See Michigan Laws 324.21502 board: means the environmental science board created in section 2603. See Michigan Laws 324.2601 Board: means the board of directors of the authority described in section 7. See Michigan Laws 285.313 Boat: means a vessel. See Michigan Laws 324.80101 Boat livery: means a business that holds a vessel for renting, leasing, or chartering. See Michigan Laws 324.80101 Boat livery: means that term as defined in section 44501. See Michigan Laws 324.80201 Boating safety certificate: means any of the following:
(i) The document issued by the department under part 802 that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80212. See Michigan Laws 324.80101Boating safety certificate: means either of the following:
(i) The document issued by the department under this part that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80211. See Michigan Laws 324.80201Boating safety course: means a course that meets both of the following requirements:
(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996). See Michigan Laws 324.80201Bond 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 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 Bottomlands: means land in the Great Lakes, and bays and harbors of the Great Lakes, lying below and lakeward of the ordinary high-water mark as described in section 32502. See Michigan Laws 324.32601 Bulk transfer: means a transfer of refined petroleum or a refined petroleum product from, or purchase for resale by, a refiner, pipeline terminal operator, supplier, or marine terminal operator to or from another refiner, pipeline terminal operator, supplier, or marine terminal operator through pipeline tender or marine delivery, including pipeline movements of refined petroleum or a refined petroleum product from 1 or more marine vessel movements of refined petroleum or a refined petroleum product. See Michigan Laws 324.21502 Bulk transfer terminal system: means the refined petroleum or refined petroleum product distribution system consisting of refineries, pipelines, marine vessels, and terminals and includes refined petroleum or refined petroleum product storage tanks and refined petroleum or refined petroleum product storage facilities that are part of a refinery, boat terminal transfer, or terminal owned, operated, or controlled by a refiner, marine terminal operator, or pipeline terminal operator. See Michigan Laws 324.21502 Capillary fringe: means the portion of the aquifer above an unconfined saturated zone in which groundwater is drawn upward by capillary force and can include the presence of LNAPL. See Michigan Laws 324.21302 Casino: means that term as defined in section 110. See Michigan Laws 206.701 Casino licensee: means a person licensed to operate a casino under the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432. See Michigan Laws 206.701 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. Certificate: means a commission-issued document that identifies a qualified retired law enforcement officer who is certified under 18 USC 926C and this act. See Michigan Laws 28.512 Certificate holder: means a qualified retired law enforcement officer who is issued a certificate by the commission. See Michigan Laws 28.512 Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.20101 certified: means official recognition by the commission that a retired law enforcement officer has met the active duty firearms standard in this state and is eligible to carry a concealed firearm under 18 USC 926C. See Michigan Laws 28.512 Channel: means either of the following:
(i) The deepest part of a stream, bay, or straight through which the main current flows. See Michigan Laws 324.80201Characteristic fish curve: means a fish functional response curve that describes the abundance of characteristic fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701 Child: means an individual less than 17 years of age. See Michigan Laws 28.258 Citation: means that term as described in section 17a. See Michigan Laws 28.452 citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c 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 Claim period: means a 1-year period commencing on October 1 of each year and ending on September 30 the following year. See Michigan Laws 324.21502 Claimant: means a producer who makes a claim for reimbursement from the fund under section 15. See Michigan Laws 285.313 Claims limit: means $1,000,000. See Michigan Laws 324.21502 Clean corporate citizen: means a facility that has demonstrated environmental stewardship and a strong environmental ethic by meeting the criteria in this part. See Michigan Laws 324.1401 Clearinghouse: means the missing child information clearinghouse established under section 9. See Michigan Laws 28.258 Closed session: means a meeting or part of a meeting of a public body that is closed to the public. See Michigan Laws 15.262 Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101 Cold river system: means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Collector plate: means a collector plate that matches any registration plate developed and issued under this act. See Michigan Laws 257.811d Commanding officer: means the director of the department of state police or the director's designee. See Michigan Laws 28.241a Commercial manufacturer: means a person engaged in the manufacture of consumer fireworks. See Michigan Laws 28.452 Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Commission: means the commission of agriculture and rural development. See Michigan Laws 285.362 Commission: means the Mackinac Island state park commission created in section 76503. See Michigan Laws 324.76501 commission: means the Mackinac Island state park commission. See Michigan Laws 324.76701 Commission: means the Michigan state waterways commission. See Michigan Laws 324.78101 Commission: means the commission on law enforcement standards established under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512 Commission: means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562 Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101 Commission: means the Michigan jobs commission. See Michigan Laws 324.79501 commission: means the environmental permit review commission established under section 1313(1). See Michigan Laws 324.1301 Commission: means the commission of natural resources. See Michigan Laws 324.301 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 supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.32701 Compact: means the Great Lakes-St. See Michigan Laws 324.32701 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law. 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. confidential address: means that term as defined in section 3 of the address confidentiality program act. See Michigan Laws 28.291a Connecting waterway: means the St. See Michigan Laws 324.32301 Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.21302 Consumer fireworks: means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452 Consumer fireworks certificate: means a certificate issued under section 4. See Michigan Laws 28.452 Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.32701 contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contribution: means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. See Michigan Laws 14.302 Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.80101 Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.512 controlling board: means all boards having the care, management, or control over public school districts and public educational institutions other than a public school academy established under the revised school code, Act No. See Michigan Laws 38.73 Controls: means the possession or the contingent or noncontingent right to acquire possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities or interests, by contract, other than a commercial contract for goods or nonmanagement services, by pledge of securities, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Michigan Laws 324.21502 Conviction: means a plea of guilty, guilty but mentally ill, or nolo contendere if accepted by the court, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill for a criminal law violation, or a juvenile adjudication or disposition for a criminal law violation that if committed by an adult would be a crime. See Michigan Laws 28.172 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, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101 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 Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Cooperative association: means that term as defined in 12 USC 1141j. See Michigan Laws 285.313 Coordinator: means the coordinator of environmental education provided for in section 2503. See Michigan Laws 324.2502 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. Corrections officer of the department of corrections: means a state correctional officer as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791. See Michigan Laws 28.421 Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302 Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.21502 costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.20101 Council: means the criminal justice information policy council created in section 2. See Michigan Laws 28.211a Council: means the Great Lakes-St. See Michigan Laws 324.32701 Council: means the water use advisory council created under section 32803. See Michigan Laws 324.32801 Counterclaim: A claim that a defendant makes against a plaintiff. County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Criminal history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions. See Michigan Laws 28.241a Cybersecurity incident: includes , but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities. See Michigan Laws 15.232 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more vessels that require certificates of number under this part. See Michigan Laws 324.80102 Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more personal watercraft that require certificates of number under part 801. See Michigan Laws 324.80201 Dealer: means any person engaged in the sale, lease, or rental of snowmobiles as a regular business, other than an auctioneer. See Michigan Laws 324.82101 Decedent: A deceased person. Decision: means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy. See Michigan Laws 15.262 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 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 department of state police. See Michigan Laws 28.122 Department: means the department of environmental quality. See Michigan Laws 324.31701 Department: means the Michigan department of agriculture. See Michigan Laws 285.341 Department: means the department of state police. See Michigan Laws 28.172 Department: means the department of agriculture and rural development. See Michigan Laws 285.362 department: means the department of state police. See Michigan Laws 28.196 Department: means the department of state police. See Michigan Laws 28.241a Department: means the department of environmental quality. See Michigan Laws 324.32501 Department: means the department of state police. See Michigan Laws 28.258 Department: means the department of environmental quality. See Michigan Laws 324.32601 Department: means the department of environmental quality. See Michigan Laws 324.32701 Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101 Department: means the department of licensing and regulatory affairs. See Michigan Laws 28.452 Department: means the department of environmental quality. See Michigan Laws 324.32801 Department: means the department of natural resources. See Michigan Laws 324.78101 Department: means the department of natural resources unless expressly indicated otherwise. See Michigan Laws 324.33924 Department: means the department of natural resources, underground storage tank division. See Michigan Laws 324.21101 Department: means the department of natural resources. See Michigan Laws 324.80201 Department: means the department of environmental quality. See Michigan Laws 324.79501 Department: means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit. See Michigan Laws 324.1301 Department: means the department of environmental quality. See Michigan Laws 324.1401 Department: means the department of environmental quality. See Michigan Laws 324.2301 Department: means the department of environmental quality. See Michigan Laws 324.21502 Department: means the department of environmental quality. See Michigan Laws 324.2701 Department: means the department of agriculture and rural development. See Michigan Laws 285.313 Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Depositor: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 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 15.422Designated state-operated public boating access site: means a state-operated public boating access site designated under section 78105(2). See Michigan Laws 324.78101 Development: means an activity that materially alters or affects the existing conditions or use of any land. See Michigan Laws 324.36101 Development rights: means an interest in land that includes the right to construct a building or structure, to improve land for development, to divide a parcel for development, or to extract minerals incidental to a permitted use or as set forth in an instrument recorded under this part. See Michigan Laws 324.36101 Devise: To gift property by will. Director: means the director of the department or his or her designee. See Michigan Laws 324.31701 Director: means the director of the department. See Michigan Laws 324.32501 Director: means the director of the department of environmental quality. See Michigan Laws 324.20101 Director: means the director of the Mackinac Island state park commission. See Michigan Laws 324.76501 Director: means the director of the department. See Michigan Laws 324.32801 Director: means the administrative director of the commission. See Michigan Laws 324.78101 Director: means the director of the department of natural resources. See Michigan Laws 324.80201 Director: means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director's designee. See Michigan Laws 324.1301 Director: means the director of the department or his or her designee. See Michigan Laws 324.1401 Director: means the director of the department. See Michigan Laws 324.2301 Director: means the director of the department or his or her designee. See Michigan Laws 285.313 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.20101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Display fireworks: means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 C. See Michigan Laws 28.452 Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.20101 Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701 DNA identification profiling: means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample. See Michigan Laws 28.172 DNAPL: means a dense nonaqueous-phase liquid with a specific gravity greater than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21302 Docket: A log containing brief entries of court proceedings. Donee: The recipient of a gift. Donor: The person who makes a gift. easement: means a grant, by an instrument, in which the owner relinquishes to the public in perpetuity or for a term of years the right to undertake development of the land, and that contains a covenant running with the land, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101 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 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 person: means an owner or operator who meets the eligibility requirements under this part to submit a claim. See Michigan Laws 324.21502 Eligible production company: means that term as defined under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208. See Michigan Laws 206.701 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 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 Enhanced driver license: means an operator's or chauffeur's license issued to an individual under this act for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Enhanced official state personal identification card: means an official state personal identification card issued under this act to an individual who is a United States citizen who resides in this state for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Entitlement: 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 area: means an area of the shoreland determined by the department on the basis of studies and surveys to be necessary for the preservation and maintenance of fish and wildlife. See Michigan Laws 324.32301 Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.20101 Environmental education: means the teaching of factual information regarding the natural environment, including basic sciences, ecological sciences, agricultural sciences, and other relevant subject matter, and the interdisciplinary process of developing a citizenry that is knowledgeable about the total environment and has the capacity and the commitment to engage in inquiry, problem solving, decision making, and action that will assure environmental quality. See Michigan Laws 324.2502 Environmental management system: means the part of an overall management system that addresses environmental concerns through allocating resources, assigning responsibilities, and evaluating practices, procedures, and processes to achieve sound environmental performance. See Michigan Laws 324.1401 Environmental policy: means a policy, signed by an authorized official of the facility, that does all of the following:
(i) Articulates the facility's environmental mission and values. See Michigan Laws 324.1401Environmentally sound and economically feasible water conservation measures: means those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that meet all of the following:
(i) Are environmentally sound. See Michigan Laws 324.32701Equitable: 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. Ethanol: means a substance that meets the American society for testing and materials standard in effect on the effective date of this act as the D4806 specification for denatured fuel grade ethanol for blending with gasoline. See Michigan Laws 285.341 Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:
(i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.20101Executor: A male person named in a will to carry out the decedent Executrix: The female counterpart of an executor. See also exhibition: means an organized water event of limited duration that is conducted according to a prearranged schedule. See Michigan Laws 324.80104 Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101 Facility: means any of the following that is situated in this state and is subject to an applicable state environmental requirement or applicable federal environmental requirement:
(i) A source as defined in section 5501. See Michigan Laws 324.1401Facility: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.32701 Farm produce: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Farm vehicle: means either of the following:
(i) An implement of husbandry as defined in section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101Farmland: means 1 or more of the following:
(i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.36101Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101 Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.172 Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.241a Felony: means , except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761. See Michigan Laws 28.421 Fiduciary: A trustee, executor, or administrator. Field name: means the label or identification of an element of a computer database that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout. See Michigan Laws 15.232 Finance authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.21502 Financial institution: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Financial loss: means the loss to a producer who is not paid in full for farm produce that the producer sold to a grain dealer and delivered under the terms of the sales contract, after deducting any outstanding charges against the farm produce. See Michigan Laws 285.313 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 15.422Financial responsibility requirements: means the financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from a refined petroleum underground storage tank system that the owner or operator of a refined petroleum underground storage tank system must demonstrate under part 211 and the rules promulgated under that part. See Michigan Laws 324.21502 Firearm: means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 28.421 Firearm: means that term as defined in section 1 of 1927 PA 372, MCL 28. See Michigan Laws 28.512 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 Firearms records: means any form, information, or record required for submission to a government agency under sections 2, 2a, 2b, and 5b, or any form, permit, or license issued by a government agency under this act. See Michigan Laws 28.421 fireworks: means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. See Michigan Laws 28.452 Fireworks safety fund: means the fireworks safety fund created in section 11. See Michigan Laws 28.452 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. Flood risk area: means the area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to flooding from effects of levels of the Great Lakes and is not limited to 1,000 feet. See Michigan Laws 324.32301 Flow-based safety factor: means a protective measure of the assessment tool that reduces the portion of index flow available for a withdrawal to 1/2 of the index flow for the purpose of minimizing the risk of adverse resource impacts caused by statistical uncertainty. See Michigan Laws 324.32701 Flow-through entity: means an entity that for the applicable tax year is treated as an S corporation under section 1362(a) of the internal revenue code, a general partnership, a limited partnership, a limited liability partnership, or a limited liability company, that for the applicable tax year is not taxed as a corporation for federal income tax purposes. See Michigan Laws 206.701 FOIA coordinator: means either of the following:
(i) An individual who is a public body. See Michigan Laws 15.232Foreclosure: 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 Foreclosure: means possession by a lender of a property on which it has foreclosed on a security interest or the expiration of a lawful redemption period, whichever occurs first. See Michigan Laws 324.20101 Forest recreation account: means the forest recreation account of the legacy fund provided for in section 2005. See Michigan Laws 324.2001 Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101 Forest trail: means a designated path or way that is not a route. See Michigan Laws 324.81101 Former employing law enforcement agency: means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562 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 Fund: means the aquifer protection revolving fund created in section 31710. See Michigan Laws 324.31701 Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601 Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101 Fund: means the Michigan Great Lakes protection fund created in section 32905. See Michigan Laws 324.32901 fund: means the Great Lakes protection fund approved in the agreement. See Michigan Laws 324.33101 Fund: means the underground storage tank regulatory enforcement fund created in section 21104. See Michigan Laws 324.21101 Fund: means the agricultural preservation fund created in section 36202. See Michigan Laws 324.36101 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 farm produce insurance fund created in section 9. See Michigan Laws 285.313 Fund-raising plate: means a registration plate authorized to raise funds for a specified goal. See Michigan Laws 257.811d Game and fish protection account: means the game and fish protection account of the legacy fund provided for in section 2010. See Michigan Laws 324.2001 Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432. See Michigan Laws 324.79501 Gasoline: means gasoline, casing head or natural gasoline, benzole, benzine, and naphtha. See Michigan Laws 324.78101 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing board: means a board of regents, board of trustees, board of governors, board of control, or other governing body of an institution of higher education. See Michigan Laws 15.181 Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.21302 Grain dealer: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Grain dealers act: means the grain dealers act, 1939 PA 141, MCL 285. See Michigan Laws 285.313 Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501 grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601 Great Lakes: means Lakes Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.32701 Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.32701 Great Lakes charter: means the document establishing the principles for the cooperative management of the Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985. See Michigan Laws 324.32701 Great Lakes region: means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the provinces of Ontario and Quebec, Canada. See Michigan Laws 324.32701 Groundwater: means water below the land surface in a zone of saturation. See Michigan Laws 324.32801 Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302 Groundwater withdrawal conflict: means the failure of an existing water well that was constructed in compliance with part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.32801 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. Harbor: means a portion of a lake or other body of water either naturally or artificially protected so as to be a place of safety for watercraft, including contrivances used or designed for navigation on water and used or owned by the United States. See Michigan Laws 324.78101 Harbor: means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft. See Michigan Laws 324.79101 Harbor facilities: means the structures at a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and ashore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.78101 Harbor facilities: means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.79101 Hazardous material: means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20301 Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:
(i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101Heating oil: means petroleum that is no. See Michigan Laws 324.21302 High-risk area: means an area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to erosion. See Michigan Laws 324.32301 Highly restricted personal information: includes an individual's photograph or image, Social Security number, digitized signature, and medical and disability information and source documents presented by an applicant to obtain a personal identification card under section 1. See Michigan Laws 28.291a Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.80104 Highly restricted personal information: means an individual's photograph or image, social security number, digitized signature, and medical and disability information. See Michigan Laws 324.80301 Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.81101 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: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101 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 Historic snowmobile: means a snowmobile that is over 25 years old and that is owned solely as a collector's item and for occasional use and for participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing. See Michigan Laws 324.82101 Homemade fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation that is not produced by a commercial manufacturer and does not comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452 Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 168.2 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 In-kind contributions: means services and goods as approved by the department that are provided by a grant recipient toward completion of a department-approved local snowmobile program under section 82107. See Michigan Laws 324.82101 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 Index flow: means the 50% exceedance flow for the lowest summer flow month of the flow regime, for the applicable stream reach, as determined over the period of record or extrapolated from analyses of the United States geological survey flow gauges in Michigan. See Michigan Laws 324.32701 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f initiate a service credit purchase: means to complete payment or to enter into a tax-deferred payment arrangement in a form and manner prescribed by the retirement system. See Michigan Laws 38.1379b Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland lake or stream: means that term as defined in section 30101. See Michigan Laws 324.78101 Institution of higher education: means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963. See Michigan Laws 15.181 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Inter vivos: Transfer of property from one living person to another living person. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Investigating law enforcement agency: means the law enforcement agency responsible for the investigation of the offense for which the individual is arrested or convicted. See Michigan Laws 28.172 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 IRC: means the internal revenue code of 1954 as in effect on January 1, 1970. See Michigan Laws 14.272 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Issuing authority: means the United States coast guard or a state that has a numbering system approved by the United States coast guard. See Michigan Laws 324.80102 Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juror: A person who is on the jury. Juvenile history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions. See Michigan Laws 28.241a Juvenile offense: means an offense committed by a juvenile that, if committed by an adult, would be a felony, a criminal contempt conviction under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 28.241a Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.32701 land to be zoned: means the land in this state that borders or is adjacent to a Great Lake or a connecting waterway and that, except for flood risk areas, is situated within 1,000 feet landward from the ordinary high-water mark as defined in section 32501, land bordering or adjacent to waters affected by levels of the Great Lakes landward of the ordinary high-water mark as defined by section 30101, and land between the ordinary high-water mark and the water's edge. See Michigan Laws 324.32301 lands: as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. See Michigan Laws 324.32502 Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701 Large river: means a river with a drainage area of 300 or more square miles. See Michigan Laws 324.32701 Law enforcement agency: means the police department of a city, township, or village, the sheriff's department of a county, the department, or any other governmental law enforcement agency of this state. See Michigan Laws 28.241a Law enforcement agency: means the department, a police agency of a city, village, or township, a sheriff's department, or any other governmental law enforcement agency in this state. See Michigan Laws 28.258 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 of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.80102Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.81101Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.82101Lease: 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. 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 324.2001 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). LEIN: means law enforcement information network regulated under the C. See Michigan Laws 28.258 Lender: means any of the following:
(i) A state or nationally chartered bank. See Michigan Laws 324.20101Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: includes the whole or part of an agency permit, certificate, approval, registration, charter, or similar form of permission required by law. See Michigan Laws 24.205 Licensee: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Licensing: includes agency activity involving the grant, denial, renewal, suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of a license. See Michigan Laws 24.205 Lien: A claim against real or personal property in satisfaction of a debt. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Lifeboat: means a small boat designated and used solely for lifesaving purposes, and does not include a dinghy, tender, speedboat, or other type of craft that is not carried aboard a vessel for lifesaving purposes. See Michigan Laws 324.80102 Liquefied petroleum gas: means gases derived from petroleum or natural gases that are in the gaseous state at normal atmospheric temperature and pressure, but that may be maintained in the liquid state at normal atmospheric temperature by suitable pressure. See Michigan Laws 324.78101 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Livestock: means that term as it is defined in section 3 of the animal industry act, 1988 PA 466, MCL 287. See Michigan Laws 285.362 LNAPL: means a light nonaqueous-phase liquid having a specific gravity less than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water, and the term encompasses all potential occurrences of LNAPL. See Michigan Laws 324.21302 Local corrections officer: means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791. See Michigan Laws 28.421 Local governing body: means 1 of the following:
(i) With respect to farmland or open space land that is located in a city or village, the legislative body of the city or village. See Michigan Laws 324.36101Local government agency: means a county, city, village, or township in this state. See Michigan Laws 28.302 Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.20101 Local unit: means 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 village, city, township, or county. See Michigan Laws 28.117 Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.20101 Local unit of government: means a city, village, or township. See Michigan Laws 28.452 Local unit of government: means a municipality, county, or governmental authority or any combination of municipalities, counties, or governmental authorities. See Michigan Laws 324.21101 Local unit of government: means a city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.21302 Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101 Local unit of government or public authority: 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 these entities, and legally constituted to provide public recreation. See Michigan Laws 324.1901 Location: means a parcel of property where refined petroleum underground storage tank systems are registered pursuant to part 211. See Michigan Laws 324.21502 Low-impact fireworks: means ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1, 3. See Michigan Laws 28.452 Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101 Majority leader: see Floor Leaders Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of boats or associated equipment. See Michigan Laws 324.80103Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of personal watercraft or associated equipment. See Michigan Laws 324.80201Manufacturer: means a person, partnership, corporation, or association engaged in the production and manufacture of ORVs as a regular business. See Michigan Laws 324.81101 Marina: means a site that contains harbor facilities. See Michigan Laws 324.78101 Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101 Marina purposes: means an operation making use of submerged bottomlands or filled-in bottomlands of the Great Lakes for the purpose of service to boat owners or operators, which operation may restrict or prevent the free public use of the affected bottomlands or filled-in lands. See Michigan Laws 324.32501 Marine law: means this part, a local ordinance adopted in conformity with this part, or a rule promulgated under this part. See Michigan Laws 324.80103 Marine safety act: means former Act No. See Michigan Laws 324.80103 Marine safety program: means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections. See Michigan Laws 324.80103 Marine terminal operator: means a person that stores refined petroleum or a refined petroleum product at a boat terminal transfer. See Michigan Laws 324.21502 Meeting: means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 15.262 Member: means a shareholder of an S corporation, a partner in a general partnership, a limited partnership, or a limited liability partnership, a member of a limited liability company, or a beneficiary of a trust, that is a flow-through entity. See Michigan Laws 206.701 mental disability: includes Alzheimer's disease and dementia. See Michigan Laws 28.258 Methamphetamine-related offense: means 1 or more of the following offenses under Michigan law:
(i) A violation or attempted violation of article 7 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.122Metropolitan 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 Michigan state parks endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.1901 Michigan vehicle code: means Act No. See Michigan Laws 324.80103 Minor: means an individual who is less than 18 years of age. See Michigan Laws 28.452 Minority leader: See Floor Leaders Misdemeanor: means either of the following:
(i) A violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 28.241aMisdemeanor: means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both. See Michigan Laws 28.421 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor vehicle: means any device that is self-propelled, or partially self-propelled, by which a person or property may be transported or drawn. See Michigan Laws 324.76501 Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Motorboat: means a vessel propelled wholly or in part by machinery. See Michigan Laws 324.80103 Municipality: means a city or village. See Michigan Laws 324.81101 Municipality: means a city, village, or township. See Michigan Laws 324.301 NADDI: means the national association of drug diversion investigators. See Michigan Laws 28.122 NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303 Natural gas: means natural gas, synthetic gas, and manufactured gas. See Michigan Laws 324.21101 natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101 Net proceeds: means the sale price of farm produce, less usual and customary charges and costs of sale of the farm produce. See Michigan Laws 285.313 New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701 New or increased withdrawal capacity: means new or additional water withdrawal capacity to supply a common distribution system that is an increase from the person's baseline capacity. See Michigan Laws 324.32701 NFPA: means the National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts. See Michigan Laws 28.452 No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101 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. Nonprofit: means that which is exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501. See Michigan Laws 257.811d Nonpublic information: means information to which access, use, or dissemination is restricted by a law or rule of this state or the United States. See Michigan Laws 28.211a Nonresident: means an individual who is not a resident of or domiciled in this state, a business entity that does not have its commercial domicile in this state, or a trust not organized in this state. See Michigan Laws 206.701 Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101 Notice: means a written or electronic record that informs a person of past or future action of the person generating the record. See Michigan Laws 24.205 Novelties: means that term as defined under APA Standard 87-1, 3. See Michigan Laws 28.452 NPLEx: means the national precursor log exchange. See Michigan Laws 28.122 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. Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101 Off-road vehicle account: means the off-road vehicle account of the legacy fund provided for in section 2015. See Michigan Laws 324.2001 Office: means , unless expressly stated otherwise, the office of performance and transformation. See Michigan Laws 24.205 Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.32701 Open space land: means 1 of the following:
(i) Lands defined as 1 or more of the following:
(A) Any undeveloped site included in a national registry of historic places or designated as a historic site pursuant to state or federal law. See Michigan Laws 324.36101Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103 Operate: means to be in control of a personal watercraft while the personal watercraft is under way and is not docked or at anchor or secured in another way. See Michigan Laws 324.80201 Operate: means to ride in or on, and be in actual physical control of, the operation of an ORV. See Michigan Laws 324.81101 Operate: means to ride in or on and be in actual physical control of the operation of a snowmobile. See Michigan Laws 324.82101 Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101 Operator: means the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103 Operator: means a person who is presently, or was at the time of a release, in control of or responsible for the operation of an underground storage tank system. See Michigan Laws 324.21101 Operator: means the person who is in control or in charge of a personal watercraft while that vessel is under way. See Michigan Laws 324.80201 Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303 Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101 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 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 elevations described in section 32502. See Michigan Laws 324.32601 organization: means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:
(i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers. See Michigan Laws 14.302ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who owns a facility. See Michigan Laws 324.20101 Owner: means a person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel. See Michigan Laws 324.80103 Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is located, including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21101 Owner: means a person who claims or is entitled to lawful possession of a personal watercraft by virtue of that person's legal title or equitable interest in a personal watercraft. See Michigan Laws 324.80201 Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303 Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.36101 Owner: means any of the following:
(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101Owner: 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 324.82101Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101 panel: means a panel of the environmental permit review commission, appointed under section 1315(2). See Michigan Laws 324.1301 Parole or probation officer of the department of corrections: means any individual employed by the department of corrections to supervise felony probationers or parolees or that individual's immediate supervisor. See Michigan Laws 28.421 Partnership: means a taxpayer that is required to or has elected to file as a partnership for federal income tax purposes. See Michigan Laws 206.701 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Party: means a person or agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a contested case. See Michigan Laws 24.205 Patented lands: means any bottomlands lying within a specific government grant area, including a private claim patent or federal patent. See Michigan Laws 324.32601 Peace officer: means , except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Peace officer: means an officer of a law enforcement agency of the state, the federal government, or a county, township, city, or village who is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state, and includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28. See Michigan Laws 28.512 Peace officer: means 1 or both of the following:
(i) A law enforcement officer as that term is defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.80201Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.82101Permanent building or structure: is a building or structure that is affixed to a foundation on a site that has fixed utility connections and that is intended to remain on the site for more than 180 consecutive calendar days. See Michigan Laws 28.452 Permitted release: means 1 or more of the following:
(i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101Permitted use: means any use expressly authorized within a development rights agreement, development rights easement, or agriculture conservation easement that is consistent with the farming operation or that does not alter the open space character of the land. See Michigan Laws 324.36101 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.31701 Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302 Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 15.232 Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101 Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Michigan Laws 15.361 Person: means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. See Michigan Laws 28.452 Person: means an individual, partnership, corporation, association, or other nongovernmental legal entity. See Michigan Laws 324.33924 Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or other legal entity. See Michigan Laws 324.80201 Person: includes an individual, corporation, limited liability company, business trust, estate, trust, partnership, or association, or 2 or more persons having a joint or common interest in land. See Michigan Laws 324.36101 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.21503 Person: means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case. See Michigan Laws 24.205 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person: means an individual, corporation, limited liability company, partnership, association, cooperative association or other cooperative organization, or other legal entity. See Michigan Laws 285.313 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101 Person with a disability: means an individual who has 1 or more of the following physical characteristics:
(i) Blindness. See Michigan Laws 324.81101Personal information: means information that identifies an individual, including the individual's photograph or image, name, address (but not the 5-digit zip code), driver license number, Social Security number, telephone number, digitized signature, and medical and disability information. See Michigan Laws 28.291a Personal information: means information that identifies an individual, including an individual's driver license number, name, address not including zip code, and telephone number, but does not include information on watercraft operation and equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.80104 Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number. See Michigan Laws 324.80301 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 ORV operation or equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.81101 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. Personal watercraft: means that term as defined in 40 C. See Michigan Laws 324.80104 Personal watercraft: means a vessel that meets all of the following requirements:
(i) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion. See Michigan Laws 324.80201Pipeline terminal operator: means a person that receives and stores refined petroleum or a refined petroleum product in tanks and other equipment used in receiving and storing refined petroleum or a refined petroleum product from interstate and intrastate pipelines, pending wholesale bulk reshipment. See Michigan Laws 324.21503 Pistol: means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm. See Michigan Laws 28.421 Plaintiff: The person who files the complaint in a civil lawsuit. Planning commission: means a planning commission created under the Michigan planning enabling act, 2008 PA 33, MCL 125. See Michigan Laws 324.36101 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. 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. 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 Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104 Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80201 political subdivision: means any local unit of government or port district of this state and any other governmental agency or subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate harbors, channels, and other navigational facilities. See Michigan Laws 324.79301 Pollution prevention: means eliminating or minimizing the initial generation of waste at the source, reuse of waste, or utilizing environmentally sound on-site or off-site recycling. See Michigan Laws 324.1403 Port: means left, and reference is to the port side of a vessel or to the left side of the vessel. See Michigan Laws 324.80104 Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101 Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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. Price later agreement: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 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 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 80176(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 80176(6), a local ordinance substantially corresponding to section 80176(6), a law of another state substantially corresponding to section 80176(6), or a law of the United States substantially corresponding to section 80176(6) may be used as a prior conviction other than for enhancement purposes as provided in section 80178a(1)(b). See Michigan Laws 324.80104Prior 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 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101Prior 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 foundation trust: means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC. See Michigan Laws 14.272 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. Processing deadline: means the last day of the processing period. See Michigan Laws 324.1301 Producer: means a person that owns, rents, leases, or operates a farm on land and who has an interest in and receives all or any part of the proceeds from the sale and delivery in Michigan of farm produce produced from the land to a grain dealer licensed under the grain dealers act. See Michigan Laws 285.313 Producer premium: means the amount of money charged to and collected from a producer under section 11. See Michigan Laws 285.313 Producer security activities: means any action by the director under section 22 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Professional fund-raiser: means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. See Michigan Laws 14.302 Professional hydrologist or hydrogeologist: means an individual holding a license or registration from any state as a professional hydrologist, hydrogeologist, or geologist, or a current certification as a professional geologist by the American Institute of Professional Geology. See Michigan Laws 324.32706c profile: means the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record. See Michigan Laws 28.172 Program: means a permit program or regulatory program administered by the department under this act. See Michigan Laws 324.2701 program: means the program for reimbursement of claims described in this act. See Michigan Laws 285.313 Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303 Property taxes: means general ad valorem taxes levied after January 1, 1974, on lands and structures in this state, including collection fees, but not including special assessments, penalties, or interest. See Michigan Laws 324.36101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public agency: means the department or a local or federal unit of government. See Michigan Laws 324.81101 Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101 Public body: means any of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. See Michigan Laws 15.232Public body: means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 15.262 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 either of the following, within this state:
(i) A multicounty metropolitan district authorized and established pursuant to state law by 2 or more counties with a combined population of not less than 3,000,000, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks. See Michigan Laws 28.582Public charitable organization: means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC. See Michigan Laws 14.272 Public employee: means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment. See Michigan Laws 15.181 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 highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.21303 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 officer: means a person who is elected or appointed to any of the following:
(i) An office established by the state constitution of 1963. See Michigan Laws 15.181Public officer: means a person appointed by the governor or another executive department official. See Michigan Laws 15.341 Public record: means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. See Michigan Laws 15.232 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 public threat: means a clear, present, persistent, ongoing, and random threat to public safety. See Michigan Laws 28.672 Publicly traded partnership: means that term as defined under section 7704 of the internal revenue code. See Michigan Laws 206.701 Purchaser: means a person who receives a pistol from another person by purchase or gift. See Michigan Laws 28.421 Qualified retired law enforcement officer: means that term as defined in 18 USC 926C(c). See Michigan Laws 28.512 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. Rack: means a mechanism for delivering refined petroleum or a refined petroleum product from a refiner, a pipeline terminal operator, or a marine terminal operator into a railroad tank car, a transport truck, a tank wagon, or the fuel supply tank of a marine vessel. See Michigan Laws 324.21503 RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303 RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recess: A temporary interruption of the legislative business. Record: means information that is inscribed on a paper or electronic medium. See Michigan Laws 24.205 Recreation improvement account: means the recreation improvement account of the legacy fund provided for in section 2020. See Michigan Laws 324.2001 Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101 Recreation passport fee: means a state park and state-operated public boating access site recreation passport fee paid under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.2001 Recreational boating facilities: means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations. See Michigan Laws 324.78101 Recreational snowmobile trail improvement subaccount: means the recreational snowmobile trail improvement subaccount of the snowmobile account created in section 82110. See Michigan Laws 324.82101 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 Refiner: means a person that meets both of the following:
(i) Manufactures or produces refined petroleum or a refined petroleum product at a refinery. See Michigan Laws 324.21503Refinery: means a facility used by a refiner to produce refined petroleum or a refined petroleum product from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons by any process involving substantially more than the blending of refined petroleum and from which refined petroleum or a refined petroleum product may be removed by pipeline or marine vessel or at a rack. See Michigan Laws 324.21503 Registrant: means a person who has registered a water withdrawal under section 32705. See Michigan Laws 324.32701 Registrar: means the state registrar as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.258 Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U. See Michigan Laws 324.21101Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303Regulatory fee: means the environmental protection regulatory fee imposed under section 21508. See Michigan Laws 324.21503 Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101 Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21101 Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303 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. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Remand: When an appellate court sends a case back to a lower court for further proceedings. Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101 Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101 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 Reporting agency: means 1 of the following:
(i) If property is seized by or forfeited to a local unit of government, that local unit of government. See Michigan Laws 28.117Rescission: 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. reserve officer: means , except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act. See Michigan Laws 28.421 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 Residence address: means the place that is the settled home or domicile at which a person legally resides, which meets the definition of residence as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 28.291a Resident: means every person who resides in this state and establishes that he or she is legally present in the United States. See Michigan Laws 28.291a Resident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101 Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101 Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail location: means a facility listed under NFPA 1124, 7. See Michigan Laws 28.452 Retailer: means a person that sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use. See Michigan Laws 28.452 Retired federal law enforcement officer: means an individual who was an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility was enforcing laws of the United States, who was required to carry a firearm in the course of his or her duties as a law enforcement officer, and who retired in good standing from his or her employment as a federal law enforcement officer. See Michigan Laws 28.421 retired law enforcement officer: means an individual who was a police officer or law enforcement officer who was licensed or certified as described in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421 Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). Right-of-way: means that portion of a highway or street not including the roadway and any shoulder. See Michigan Laws 324.82101 Riparian owner: means a person who owns frontage bordering bottomlands. See Michigan Laws 324.32601 Riparian rights: means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust. See Michigan Laws 324.32601 River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701 Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101 Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101 Roundtable: means the agriculture and rural communities roundtable convened under section 2303. See Michigan Laws 324.2301 Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Rule: means a rule, as that term is defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.452 Rural county: means a county with a population of less than 70,000. See Michigan Laws 324.2301 S corporation: means a corporation electing taxation under subchapter S of chapter 1 of subtitle A of the internal revenue code, section 1361 to 1379 of the internal revenue code. See Michigan Laws 206.701 Sale: means transfer of title. See Michigan Laws 285.313 Sample: means a portion of an individual's blood, saliva, or tissue collected from the individual. See Michigan Laws 28.172 Schedule of costs: means the list of allowable reimbursement amounts that may be paid on a claim, as established in section 21510b. See Michigan Laws 324.21503 School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4 School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nseal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101 Security interest: means any interest, including a reversionary interest, in real property created or established for the purpose of securing a loan or other obligation. See Michigan Laws 324.20101 Seller: means a person who sells or gives a pistol to another person. See Michigan Laws 28.421 Serious impairment of a body function: means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.452 Serious violation: means a violation of this act, an order issued under this act, or a rule promulgated or adopted by reference under this act for which a substantial probability exists that death or serious impairment of a body function to an individual other than the violator may result unless the violator did not and could not, with the exercise of reasonable diligence, know of the presence of the violation. See Michigan Laws 28.452 Service of process: The service of writs or summonses to the appropriate party. session days: means any calendar day on which the commission meets and a quorum is present. See Michigan Laws 15.212 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 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 Shoreland: means the land, water, and land beneath the water that is in close proximity to the shoreline of a Great Lake or a connecting waterway. See Michigan Laws 324.32301 Shoreline: means that area of the shorelands where land and water meet. See Michigan Laws 324.32301 Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101 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 a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303 Site: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701 Slow--no wake speed: means the use of a vessel at a very slow speed so that the resulting wake or wash is minimal. See Michigan Laws 324.80201 Small river: means a river with a drainage area of less than 300 square miles. See Michigan Laws 324.32701 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 legacy fund provided for in section 2025. See Michigan Laws 324.2001 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.82101 Snowmobile registration fee subaccount: means the snowmobile registration fee subaccount of the snowmobile account created in section 82111. See Michigan Laws 324.82101 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 15.232 Solid waste: means solid waste as defined in part 115. See Michigan Laws 324.901 Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101 Source watershed: means the watershed from which a withdrawal originates. See Michigan Laws 324.32701 Southern county: means Muskegon, Kent, Ionia, Clinton, Shiawassee, Genesee, Lapeer, or Macomb County, or a county lying south of the territory constituted by these counties. See Michigan Laws 324.81101 Special effects: means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment. See Michigan Laws 28.452 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 324.80104Specialty 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 324.81101Specialty 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 324.82101Spill: means any leaking, pumping, pouring, emptying, emitting, discharging, escaping, leaching, or disposing of a hazardous material in a quantity which is or may become injurious to the public health, safety, welfare, or to the environment. See Michigan Laws 324.20301 Split interest trust: means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC. See Michigan Laws 14.272 SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303 Standard driver license: means an operator's license or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.302 Standard official state personal identification card: means an official state personal identification card issued under 1972 PA 222, MCL 28. See Michigan Laws 28.302 Standing committees: means the committees of the senate and house of representatives with primary responsibility for agriculture. See Michigan Laws 324.2301 Starboard: means right, and reference is to the starboard side of a vessel or to the right side of the vessel. See Michigan Laws 324.80104 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 agency: means either the department or the governing body of the state park that is participating in an authority. See Michigan Laws 324.901 State aid: means payment made by this state to a county for the conduct of a marine safety program. See Michigan Laws 324.80104 State court judge: means a judge of the district court, circuit court, probate court, or court of appeals or justice of the supreme court of this state who is serving either by election or appointment. See Michigan Laws 28.421 State court retired judge: means a judge or justice described in subdivision (q) who is retired, or a retired judge of the recorders court. See Michigan Laws 28.421 State fire marshal: means the state fire marshal appointed under section 1b of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.452 State income tax act: means the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 324.36101 State land use agency: means the department of agriculture and rural development. See Michigan Laws 324.36101 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 State park improvement account: means the state park improvement account of the legacy fund provided for in section 2030. See Michigan Laws 324.2001 Static water level: means the distance between the ground surface and the water level within a well that is not being pumped. See Michigan Laws 324.32801 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Storage loss: means a loss to a depositor resulting from the failure of a licensee that has not fully satisfied its storage obligation to the depositor, net of any outstanding charges against the farm produce. See Michigan Laws 285.313 Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701 Stream reach: means a segment of a stream or river. See Michigan Laws 324.32701 Streamflow depletion calculation: means an evaluation of the potential streamflow depletion in which all of the following are done:
(i) The streambed conductance of the potentially impacted streams shall be measured in-situ using slug testing, seepage meter testing, or both. See Michigan Laws 324.32706cStreet: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supplemental environmental project: means an environmentally beneficial project that an alleged violator agrees to undertake in settlement of an enforcement action, but which the alleged violator is not otherwise legally required to undertake. See Michigan Laws 324.1403 Supplier: means a supplier or permissive supplier licensed under the motor fuel tax act, 2000 PA 403, MCL 207. See Michigan Laws 324.21503 Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:
(i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303Tank wagon: means a straight truck having 1 or more compartments other than the fuel supply tank designed or used to carry fuel. See Michigan Laws 324.21503 Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified in a rule promulgated by the department. See Michigan Laws 324.20101 teacher: as used in this act means a certificated individual employed for a full school year by any board of education or controlling board. See Michigan Laws 38.71 Temporary ordinance: means a type of local ordinance adopted by a political subdivision of this state under section 80112a that includes, but is not limited to, a local watercraft control or administrative rule. See Michigan Laws 324.80104 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Terminal: means a refined petroleum or refined petroleum products storage and distribution facility that meets all of the following requirements:
(i) Is registered as a qualified terminal by the internal revenue service. See Michigan Laws 324.21503Testator: A male person who leaves a will at death. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. this part: includes "rules promulgated under this part". See Michigan Laws 324.20101 threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101 threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.21303 Thriving fish curve: means a fish functional response curve that describes the initial decline in density of thriving fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701 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. Traffic lane: means a clearly marked lane on a roadway. See Michigan Laws 324.81101 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transmix: means the mixed product that results from the buffer or interface of 2 different products in a pipeline shipment, or a mixture of 2 different products within a refinery or terminal that results in an off-grade mixture. See Michigan Laws 324.21503 Transport truck: means a semitrailer combination rig designed or used for the purpose of transporting refined petroleum or a refined petroleum product over the public roads or highways. See Michigan Laws 324.21503 Transportation administration collection fund: means the fund created under section 810b. See Michigan Laws 257.811d Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust: means an express trust created by a trust instrument, including a will. See Michigan Laws 14.272 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trust fund: means the Michigan natural resources trust fund established in section 35 of article IX of the state constitution of 1963. See Michigan Laws 324.1901 Trustee: means the trustee or person possessing a power referred to in this act. See Michigan Laws 14.272 Trustee: A person or institution holding and administering property in trust. Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21101 Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303 Underground storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Undocumented vessel: means a vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or federal agency successor to the United States Coast Guard. See Michigan Laws 324.80104 Unethical conduct: means a violation of the standards in section 2. See Michigan Laws 15.341 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Unmaintained portion: means the portion of a street, county road, or highway that is not the maintained portion. See Michigan Laws 324.81101 Unpatented lands: means all bottomlands except patented lands. See Michigan Laws 324.32601 Unusual circumstances: means any 1 or a combination of the following, but only to the extent necessary for the proper processing of a request:
(i) The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct public records pursuant to a single request. See Michigan Laws 15.232Uphold: The decision of an appellate court not to reverse a lower court decision. Use: means operate, navigate, or employ. See Michigan Laws 324.80104 Use: means operate, navigate, or employ. See Michigan Laws 324.80201 Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303 Valid claim: means a claim arising from a failure of a licensee that occurs after the effective date of this act, is found valid by the department, and is approved by the board, less all credits and offsets associated with farm produce delivered and sold in this state by a producer to the licensee or to a location in this state designated in advance of the delivery. See Michigan Laws 285.313 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 motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101 Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104 Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.78101Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80201 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Violation notice: means a written notice or formal enforcement action by the department, the United States environmental protection agency, or the enforcing agency of a local unit of government in response to a violation of an applicable environmental requirement. See Michigan Laws 324.1403 Visual supervision: means the direct observation of the operator with the unaided or normally corrected eye by an observer who is able to come to the immediate aid of the operator. See Michigan Laws 324.81101 Volunteer: means an individual who is designated as a volunteer by the public entity designated by the governor and is acting solely on behalf of that entity without remuneration beyond reimbursement for out-of-pocket expenses in connection with the assistance. See Michigan Laws 324.20301 Warehouse receipt: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313 Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Waste: means any environmental pollutant, waste, discharge, or emission, regardless of how it is regulated and regardless of whether it is released to the general environment or the workplace environment. See Michigan Laws 324.1403 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include contrivances used or owned by the United States. See Michigan Laws 324.78101 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.79101 Watercraft: means a contrivance used or designed for navigation on water, including a vessel, boat, motor vessel, steam vessel, vessel operated by machinery either permanently or temporarily affixed, scow, tugboat, or any marine equipment that is capable of carrying passengers, except a ferry. See Michigan Laws 324.80301 Waterfront: means land that is contiguous to the Great Lakes or their connecting waterways, a river, or a lake or impoundment that has a surface area of not less than 50 acres. See Michigan Laws 324.79501 Waterfront planning area: means the geographic area included within a waterfront redevelopment plan. See Michigan Laws 324.79501 Waterfront redevelopment plan: means a waterfront redevelopment plan prepared by a local unit of government under section 79503 or a state approved recreation plan that includes waterfront improvements. See Michigan Laws 324.79501 Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701 Waters of the state: means all groundwaters, lakes, rivers, streams, and other watercourses including the Great Lakes and their connecting waterways within the jurisdiction of the state. See Michigan Laws 324.20301 Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104 Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80201 Waterway: means any body of water. See Michigan Laws 324.78101 Waterways account: means the waterways account established in section 2035. See Michigan Laws 324.80104 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.78101 Waterways account: means the waterways account of the legacy fund provided for in section 2035. See Michigan Laws 324.2001 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 Wholesaler: means a person that sells consumer fireworks or low-impact fireworks to a retailer or any other person for resale. See Michigan Laws 28.452 Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701 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. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content. See Michigan Laws 15.232 Written request: means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means. See Michigan Laws 15.232 Zone D withdrawal: means , beginning February 1, 2009, a withdrawal that is likely to cause an adverse resource impact. See Michigan Laws 324.32701