Michigan Laws > Chapter 330 > Act 258 of 1974 > Chapter 3 – State and County Financial Responsibility
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Terms Used In Michigan Laws > Chapter 330 > Act 258 of 1974 > Chapter 3 - State and County Financial Responsibility
- Accommodations: means the room or other space provided for sleeping, including furnishings and other accessories therein. See Michigan Laws 141.861
- Acupressure: means a form of manual therapy in which physical pressure is applied to various points on the body. See Michigan Laws 333.16501
- Acupuncture: means the insertion and manipulation of needles through the surface of the human body. See Michigan Laws 333.16501
- Acupuncturist: means an individual who is licensed under this part to engage in the practice of acupuncture. See Michigan Laws 333.16501
- Administrator: means the official designated by the county to collect the tax and to administer and enforce the ordinance. See Michigan Laws 141.861
- 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.
- Amortization: Paying off a loan by regular installments.
- Annual report: means the most recent audited financial statement reporting a local unit of government's liability for retirement pension benefits and retirement health benefits as determined under applicable government accounting standards of the Governmental Accounting Standards Board. See Michigan Laws 38.2803
- Annual required contribution: means the sum of the normal cost payment and the annual amortization payment for past service costs to fund the unfunded actuarial accrued liability. See Michigan Laws 38.2803
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Armed forces: means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard or other military force designated by Congress as part of the Armed Forces of the United States, including the reserve components. See Michigan Laws 333.16103
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assignment: means that a dentist has designated a patient of record on whom services are to be performed and has described the procedures to be performed. See Michigan Laws 333.16601
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: as used in this part means each board created in this article and as used in any other part covering a specific health profession means the board created in that part. See Michigan Laws 333.16103
- board: means the municipal stability board created in section 7. See Michigan Laws 38.2803
- Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
- Claim: includes , but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. See Michigan Laws 700.1103
- Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
- Contract: A legal written agreement that becomes binding when signed.
- Controlled substance: means that term as defined in section 7104. See Michigan Laws 333.16103
- Convention and entertainment facilities: means all or any part, or any combination of convention halls, auditoriums, stadiums, music halls, arenas, meeting rooms, exhibit areas, and related public areas. See Michigan Laws 141.861
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corrective action plan: means a plan that details the actions to be taken by a local unit of government to address and resolve the underfunded status of the local unit of government. See Michigan Laws 38.2803
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Cupping: means the placement of a specially designed cup on the body to create suction. See Michigan Laws 333.16501
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dental laboratory: means a dental workroom that is operated as a part of a dental office or otherwise, by a person, other than a dentist, who is engaged in, or holds himself, herself, or itself out as being directly or indirectly engaged in, constructing, repairing, or altering prosthetic dentures, bridges, orthodontic or other appliances, or structures to be used as substitutes for or as a part of human teeth or jaws or associated structures, or for the correction of malocclusions or deformities. See Michigan Laws 333.16601
- Dentist: means an individual who is licensed under this article to engage in the practice of dentistry. See Michigan Laws 333.16601
- Dependent: A person dependent for support upon another.
- Dermal friction: means the use of repeated, closely timed, unidirectional press-stroking with a smooth-edged instrument over a lubricated area of the body. See Michigan Laws 333.16501
- Dietary counseling: means the process of advising a patient about healthy food choices and healthy eating habits in accordance with East Asian medical theory. See Michigan Laws 333.16501
- Dislocation: means complete disruption in the normal relationship of 2 bones forming a joint resulting in no contact of the articular surfaces. See Michigan Laws 333.16401
- Distribution: means the amount of money a county receives under section 4 and 5. See Michigan Laws 141.472
- Do-not-resuscitate order: means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333. See Michigan Laws 700.1103
- Donor: The person who makes a gift.
- Dry needling: means a rehabilitative procedure using filiform needles to penetrate the skin or underlying tissues by targeting only myofascial trigger points and muscular and connective tissues to affect change in body structures and functions for the evaluation and management of neuromusculoskeletal pain and movement impairment. See Michigan Laws 333.16501
- East Asian medicine techniques: includes , but is not limited to, acupuncture, manual therapy, moxibustion, heat therapy, dietary counseling, therapeutic exercise, acupressure, cupping, dermal friction, homeopathy, lifestyle coaching, and treatment with herbal medicines. See Michigan Laws 333.16501
- 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
- Employee: means an individual holding a position by election, appointment, or employment in a local unit of government. See Michigan Laws 38.2803
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
- Evaluation system: means the local government retirement and benefits fiscal impact evaluation system created under section 5 to provide for the identification of, and a corrective action plan to resolve, the underfunded status of a local unit of government under this act. See Michigan Laws 38.2803
- 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.
- 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.
- Felony arising out of his or her service as a public employee: means 1 or more of the following:
(i) A felony resulting from the misuse of public funds. See Michigan Laws 38.2702Fiduciary: A trustee, executor, or administrator. Financial institution: means an organization authorized to do business under state or federal laws relating to a financial institution and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, insurance company, and entity that offers mutual fund, securities brokerage, money market, or retail investment accounts. See Michigan Laws 700.1104 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. Former employee: means an individual who was an employee who terminated employment with the applicable local unit of government. See Michigan Laws 38.2803 Fraud: Intentional deception resulting in injury to another. Fund: means the health and safety fund created in section 3. See Michigan Laws 141.472 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor General fund operating revenues: means the sum of all governmental activity fund revenues of a local unit of government as determined by the state treasurer based on applicable government accounting standards of the Governmental Accounting Standards Board. See Michigan Laws 38.2803 grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e Grantor: The person who establishes a trust and places property into it. grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e 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. Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104 Heat therapy: means the use of heat in therapy, such as for pain relief and health. See Michigan Laws 333.16501 Herbal medicine: means the internal and external use of a plant or a plant extract, a mineral, or an animal product, that is not a prescription drug as that term is defined in section 17708. See Michigan Laws 333.16501 Homeopathy: means the use of a highly diluted natural remedy from the plant, mineral, and animal domain. See Michigan Laws 333.16501 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 Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105 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 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Joint dysfunction: means a joint that is impaired so that it does not function properly. See Michigan Laws 333.16401 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. 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 Legally incapacitated individual: means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual. See Michigan Laws 700.1105 Letters: includes , but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Michigan Laws 700.1105 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: except as otherwise provided in this subsection and section 17708(2), means an authorization issued under this article to practice where practice would otherwise be unlawful. See Michigan Laws 333.16106 Lien: A claim against real or personal property in satisfaction of a debt. Lifestyle coaching: means the process of advising a patient about healthy lifestyle choices and habits in accordance with East Asian medical theory. See Michigan Laws 333.16501 Limitation: means an action by which a board imposes restrictions or conditions, or both, on a license. See Michigan Laws 333.16106 Limited license: means a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client served are imposed by a board. See Michigan Laws 333.16106 Local unit of government: means any of the following:
(i) A city. See Michigan Laws 38.2803Manual therapy: means the application of an accurately determined and specifically directed manual force to the body, excluding a high-velocity, low-amplitude thrust to the spine. See Michigan Laws 333.16501 Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706 Member: means a member, vested former member, deferred member, or participant of a retirement system. See Michigan Laws 38.2702 Mental health professional: means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(i) A physician who is licensed to practice medicine or osteopathic medicine and surgery in this state under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. See Michigan Laws 700.1106 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 Moxibustion: means burning the dried plant Artemisia vulgaris on or very near the surface of the skin as a form of therapy. See Michigan Laws 333.16501 Musculoskeletal system: means the system of muscles, tendons, ligaments, bones, joints, and associated tissues that moves the body and maintains its form. See Michigan Laws 333.16401 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. Nonopioid directive form: means that term as defined in section 9145 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106 Normal cost: means the annual service cost of retirement health benefits as they are earned during active employment of employees of the local unit of government in the applicable fiscal year, using an individual entry-age normal and level percent of pay actuarial cost method. See Michigan Laws 38.2803 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. Oversight: Committee review of the activities of a Federal agency or program. Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106 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. Patient advocate: means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506. See Michigan Laws 700.1106 Person: means a natural person, partnership, fiduciary, association, corporation, or other entity. See Michigan Laws 141.861 Person: means an individual or an organization. See Michigan Laws 700.1106 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106 Physician orders for scope of treatment form: means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106 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. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Practice as a dental assistant: means assistance in the clinical practice of dentistry based on formal education, specialized knowledge, and skill at the assignment and under the supervision of a dentist. See Michigan Laws 333.16601 Practice as a dental hygienist: means practice at the assignment of a dentist in that specific area of dentistry based on specialized knowledge, formal education, and skill with particular emphasis on preventive services and oral health education. See Michigan Laws 333.16601 Practice as a dental therapist: means providing any of the care and services, and performing any of the duties, described in section 16656. See Michigan Laws 333.16601 Practice of chiropractic: means that discipline within the healing arts that deals with the human nervous system and the musculoskeletal system and their interrelationship with other body systems. See Michigan Laws 333.16401 Practice of chiropractic: means that term as defined in section 16401. See Michigan Laws 333.16501 Practice of dentistry: means the diagnosis, treatment, prescription, or operation for a disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaws, or their dependent tissues, or an offer, undertaking, attempt to do, or holding oneself out as able to do any of these acts. See Michigan Laws 333.16601 Practice of massage therapy: means that term as defined in section 17951. See Michigan Laws 333.16501 Practice of medicine: means that term as defined in section 17001. See Michigan Laws 333.16501 Practice of osteopathic medicine and surgery: means that term as defined in section 17501. See Michigan Laws 333.16501 Practice of physical therapy: means that term as defined in section 17801. See Michigan Laws 333.16501 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. Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106 Professional guardian: means a person that provides guardianship services for a fee. See Michigan Laws 700.1106 Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protective proceeding: means a proceeding under the provisions of part 4 of article V. See Michigan Laws 700.1106 public highway: as used in this act mean any road, street or alley taken over by and under the jurisdiction of the board of county road commissioners. See Michigan Laws 41.271 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. 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. Reclassification: means an action by a disciplinary subcommittee by which restrictions or conditions, or both, applicable to a license are added or removed. See Michigan Laws 333.16108 Registered acupuncturist: means an individual who is registered or otherwise authorized under this part before the effective date of the rules promulgated under section 16525 regarding licensure. See Michigan Laws 333.16501 Registration: means an authorization only for the use of a designated title which use would otherwise be prohibited under this article. See Michigan Laws 333.16108 Reinstatement: means the granting of a license or certificate of registration, with or without limitations or conditions, to an individual whose license or certificate of registration has been suspended or revoked. See Michigan Laws 333.16108 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. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Retirant: means an individual who has retired with a retirement benefit payable from a retirement system. See Michigan Laws 38.2702 Retirement benefit: means an annuity, a retirement allowance, a pension, a benefit from employer contributions to a defined contribution plan, an optional benefit, a postretirement benefit, and any other right accrued or accruing to a member under a retirement system. See Michigan Laws 38.2702 Retirement benefit: includes a retirement health benefit or retirement pension benefit, or both. See Michigan Laws 38.2803 Retirement health benefit: means an annuity, allowance, payment, or contribution to, for, or on behalf of a former employee or a dependent of a former employee to pay for any of the following components:
(i) Expenses related to medical, drugs, dental, hearing, or vision care. See Michigan Laws 38.2803Retirement pension benefit: means an allowance, right, accrued right, or other pension benefit payable under a defined benefit pension plan to a participant in the plan or a beneficiary of the participant. See Michigan Laws 38.2803 Retirement system: means a public employee retirement system established by this state or a political subdivision of this state. See Michigan Laws 38.2702 Retirement system: means a retirement system, trust, plan, or reserve fund that a local unit of government establishes, maintains, or participates in and that, by its express terms or as a result of surrounding circumstances, provides retirement pension benefits or retirement health benefits, or both. See Michigan Laws 38.2803 Revenues: means the income derived from the tax, plus interest and penalties imposed by this act, levied and assessed under an ordinance adopted pursuant to this act. See Michigan Laws 141.861 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. 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: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107 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. Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107 Systematic acupuncture education: means a course of education that covers the foundation of acupuncture science and theory, channel and point location, needling techniques, approaches to diagnosis and therapy, and patient management. See Michigan Laws 333.16501 Therapeutic exercise: means a range of physical activities that help restore and build physical strength, endurance, flexibility, balance, and stability. See Michigan Laws 333.16501 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. 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. Underfunded local unit of government: means a local unit of government that is in underfunded status. See Michigan Laws 38.2803 Underfunded status: means that the state treasurer has determined that the local unit of government is underfunded under the review provided in section 5 and the local unit of government does not have a waiver under section 6. See Michigan Laws 38.2803 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108