Michigan Laws > Chapter 324 > Act 451 of 1994 > Article II > Chapter 3 > Part 115 > Subpart 5 – Miscellaneous
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Terms Used In Michigan Laws > Chapter 324 > Act 451 of 1994 > Article II > Chapter 3 > Part 115 > Subpart 5 - Miscellaneous
- Ad valorem general property tax: means taxes levied under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51101
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department. See Michigan Laws 4.351
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authority: means the Michigan forest finance authority created in section 50503. See Michigan Laws 324.50502
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Board: means the board of directors of the Michigan forest finance authority, except where the context clearly requires a different definition. See Michigan Laws 324.50502
- Bonds: means bonds of the authority issued as provided in this part. See Michigan Laws 324.50502
- Bureau: means the legislative service bureau. See Michigan Laws 4.1102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10
- commercial forestland: means forestland that is determined to be a commercial forest under section 51104. See Michigan Laws 324.51101
- Commercial forestland: means commercial forestland that is enrolled under part 511. See Michigan Laws 324.51201
- Commission: means the Michigan law revision commission. See Michigan Laws 4.1102
- Commission: means the commission of agriculture and rural development. See Michigan Laws 324.51301
- 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.
- Complainant: means a prisoner or legislator who files a complaint under section 4. See Michigan Laws 4.351
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: means the legislative council. See Michigan Laws 4.1102
- Council: means the legislative council established under section 15 of article IV of the state constitution of 1963. See Michigan Laws 4.351
- Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- declassification: means the removal of the commercial forest designation pursuant to section 51116. See Michigan Laws 324.51101
- 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 treasury. See Michigan Laws 141.2103
- Department: means the department of natural resources. See Michigan Laws 324.51201
- Department: means the department of corrections. See Michigan Laws 4.351
- Department: means the department of agriculture and rural development. See Michigan Laws 324.51301
- 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
- Director: means the director of the department or his or her designee. See Michigan Laws 324.51301
- Director: means the director of the department of natural resources. See Michigan Laws 324.301
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 4.1121
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Executor: A male person named in a will to carry out the decedent
- 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.
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Follow-up work: means forest practices to promote the survival of seeds or seedlings or the protection or enhancement of other work previously undertaken under this part. See Michigan Laws 324.51301
- Forbearance: A means of handling a delinquent loan. A
- Forest improvement project: means any of the following:
(i) Production, processing, handling, storage, marketing, or transportation of forest resources, including sawmills, hardboard mills, power stations, warehouses, air and water pollution control equipment, and solid waste disposal facilities. See Michigan Laws 324.51301Forest management operations and practices: means activities related to the harvesting, reforestation, and other forest management, including, but not limited to, road access for silviculture activity and forest thinning, pest control, disease control, fertilization, forest protection, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 324.50502 Forest management plan: means a written plan prepared and signed by a registered forester or a natural resources professional that prescribes measures to optimize production, utilization, and regeneration of forest resources. See Michigan Laws 324.51101 Forest practice: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301 Forest resources: means those products, uses, and values associated with forestland, including recreation and aesthetics, fish, forage, soil, timber, watershed, wilderness, and wildlife. See Michigan Laws 324.51301 Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and that meets all the following:
(i) Does not have material natural resources other than those resources suitable for forest growth or the potential for forest growth. See Michigan Laws 324.51101Forestland: means that term as defined in part 511. See Michigan Laws 324.51201 Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and the owner of which agrees to develop, maintain, and actively manage the land as a private forest through planting, natural reproduction, or other silvicultural practices. See Michigan Laws 324.51301 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 landfill maintenance trust fund created in section 11302 . See Michigan Laws 324.11301 Fund: means the commercial forest fund created under section 51112. See Michigan Laws 324.51101 Fund: means the private forestland enhancement fund created in section 51305. See Michigan Laws 324.51301 Governing body: means the county board of commissioners of a county; the township board of a township; the council, common council, or commission of a city; the council, commission, or board of trustees of a village; the board of education or district board of a school district; the board of an intermediate school district; the board of trustees of a community college district; the county drain commissioner or drainage board of a drainage district; the board of the district library; the legislative body of a metropolitan district; the port commission of a port district; and, in the case of another governmental authority or agency, that official or official body having general governing powers over the authority or agency. See Michigan Laws 141.2103 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. Harvest: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301 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 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legal material: means any of the following:
(i) The state constitution of 1963. See Michigan Laws 4.1121Legislative council agencies: means the bureau, commission, and any other legislative council agency designated by the council. See Michigan Laws 4.1102 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislator: means a member of the senate or the house of representatives of this state. See Michigan Laws 4.351 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. local unit: means a municipality or county. See Michigan Laws 324.301 Majority leader: see Floor Leaders Michigan opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3 of the Michigan trust fund act, 2000 PA 489, MCL 12. See Michigan Laws 4.1850 Minority leader: See Floor Leaders month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal security: means a security that when issued was not exempt from this act or former 1943 PA 202 by the provisions of this act or by former 1943 PA 202 or by the provisions of the law authorizing its issuance and that is payable from or secured by any of the following:
(i) Ad valorem real and personal property taxes. See Michigan Laws 141.2103Municipality: means a county, township, city, village, school district, intermediate school district, community college district, metropolitan district, port district, drainage district, district library, or another governmental authority or agency in this state that has the power to issue a security. See Michigan Laws 141.2103 Municipality: means a city, village, or township. See Michigan Laws 324.301 Natural resources professional: means a person who is acknowledged by the department as having the education, knowledge, experience, and skills to identify, schedule, and implement appropriate forest management practices needed to achieve the purposes of this part on land subject to or to be subject to this part. See Michigan Laws 324.51101 Nonindustrial private forestland: means a privately owned tract of land consisting of 20 or more acres, or the timber rights in the land if the timber rights have been severed, that has the productive capacity to grow on average not less than 20 cubic feet per acre per year and that meets either of the following conditions:
(i) For a tract of land that contains less than 40 acres, at least 80% of the land is occupied by forest tree species. See Michigan Laws 324.51301Notes: means notes of the authority issued as provided in this part, including commercial paper. See Michigan Laws 324.50502 Oath: A promise to tell the truth. oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Office: means the office of the legislative corrections ombudsman created under this act. See Michigan Laws 4.351 Official: means an official or employee of the department of corrections. See Michigan Laws 4.351 Official publisher: means :
(i) For the state constitution of 1963, the legislative service bureau. See Michigan Laws 4.1121Ombudsman: means the office of legislative corrections ombudsman. See Michigan Laws 4.351 Opioid advisory commission: means the opioid advisory commission created in section 851. See Michigan Laws 4.1850 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who holds title to the surface estate of forestland subject to this part. See Michigan Laws 324.51101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Personal use: means use for any noncommercial purpose. See Michigan Laws 324.51101 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. 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. President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service. Prisoner: means a person committed to or under the jurisdiction of the department. See Michigan Laws 4.351 Probable cause: A reasonable ground for belief that the offender violated a specific law. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualified forester: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 4.1121 Registered forester: means a person registered under part 535. See Michigan Laws 324.51101 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. Response activity: means response activity as defined in part 201. See Michigan Laws 324.11301 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecurity: means an evidence of debt such as a bond, note, contract, obligation, refunding obligation, certificate of indebtedness, or other similar instrument issued by a municipality, which pledges payment of the debt by the municipality from an identified source of revenue. See Michigan Laws 141.2103 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. Silvicultural practices: means the management and manipulation of forest vegetation for the protection, growth, and enhancement of forest products. See Michigan Laws 324.51101 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 4.1121 state: 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 forester: means an employee of the department who has a 4-year degree in forest management from an accredited college or university and experience in forest management and who is designated as the state forester by the director. See Michigan Laws 324.50502 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Sustainable forest conservation easement: means a conservation easement described in section 2140 on commercial forestland that is approved by the department and meets all of the following:
(i) Is an easement granted in perpetuity to this state, a political subdivision of this state, or a charitable organization described in section 501(c)(3) of the internal revenue code, 26 USC 501, that also meets the requirements of section 170(h)(3) of the internal revenue code, 26 USC 170. See Michigan Laws 324.51201Sustainable forestry: means that term as defined in section 52501. See Michigan Laws 324.50502 Technical assistance: means direct on-site assistance provided to individuals. See Michigan Laws 324.51301 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Timber: means wood growth, mature or immature, growing or dead, standing or down. See Michigan Laws 324.51301 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o 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.