Part 11 Short Title, General Definitions, and Construction
Part 12 General Provisions

Terms Used In Michigan Laws > Chapter 333 > Act 368 of 1978 > Article 1 - Preliminary Provisions

  • Agent: means a stamping agent, as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • 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.
  • 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.
  • ASTM: means ASTM international, formerly the American society for testing and materials. See Michigan Laws 29.493
  • 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.
  • Cigarette: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 Michigan emergency management advisory council. See Michigan Laws 30.402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of energy, labor, and economic growth. See Michigan Laws 29.493
  • Department: means the department of state police. See Michigan Laws 30.402
  • Department: means the department of environmental quality. See Michigan Laws 29.472
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the department. See Michigan Laws 29.493
  • Disaster: means an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders. See Michigan Laws 30.402
  • District coordinator: means the state police emergency management division district coordinator. See Michigan Laws 30.402
  • Emergency: means any occasion or instance in which the governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state. See Michigan Laws 30.402
  • 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
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Hazardous materials: means any of the following:
  (i) "Hazardous waste" as that term is defined in section 11103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 29.472
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means any of the following:
  •   (i) A manufacturer as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • Motor carrier: means a person engaged in the transportation of hazardous materials by highway. See Michigan Laws 29.472
  • Municipality: means a city, village, or township. See Michigan Laws 30.402
  • New York fire safety standards for cigarettes: means the New York executive law, section 156-c, and the New York fire safety standards for cigarettes, New York compilation of codes, rules, and regulations, title 19, section 429. See Michigan Laws 29.493
  • 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.
  • Participating state: means a state electing to participate in the uniform program by entering a base state agreement. See Michigan Laws 29.472
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, corporation, association, governmental entity, or any other entity. See Michigan Laws 30.402
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quality control and quality assurance program: means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing of cigarettes and ensure that testing repeatability remains within the required repeatability values stated in section 5(2)(g) for all test trials used to certify cigarettes under this act. See Michigan Laws 29.493
  • 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.
  • Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. See Michigan Laws 29.493
  • Retail dealer: means a retailer, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 30.402
  • Sale: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • Secondary wholesaler: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • Sell: means to sell or to offer or agree to sell. See Michigan Laws 29.493
  • 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 of disaster: means an executive order or proclamation that activates the disaster response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected. See Michigan Laws 30.402
  • State of emergency: means an executive order or proclamation that activates the emergency response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected. See Michigan Laws 30.402
  • Statute: A law passed by a legislature.
  • Tobacco products tax act: means the tobacco products tax act, 1993 PA 327, MCL 205. See Michigan Laws 29.493
  • 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.
  • Unclassified acquirer: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
  • Uniform application: means the uniform registration and permit application form established under the uniform program. See Michigan Laws 29.472
  • Uniform program: means the uniform state hazardous materials transportation registration and permit program established in the report submitted and amended pursuant to 49 USC 5119(b). See Michigan Laws 29.472
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Wholesale dealer: means a wholesaler, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493