Michigan Laws > Chapter 38 > Act 234 of 1992 > Article III
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Terms Used In Michigan Laws > Chapter 38 > Act 234 of 1992 > Article III
- 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.
- 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.
- Amphibian: means any frog, toad, or salamander of the class Amphibia. See Michigan Laws 324.41301
- 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
- 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
- Aquatic plant: means a submergent, emergent, obligate wetland, facultative wetland, or floating-leaf plant or a fragment thereof, including a seed or other propagule. See Michigan Laws 324.41301
- Area: means the whole of the state and the whole or any designated portion of any township or townships or county or counties within the state. See Michigan Laws 324.41101
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.2130
- Boating 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 324.80201Channel: means either of the following:
(i) The deepest part of a stream, bay, or straight through which the main current flows. See Michigan Laws 324.80201Clerk: means the clerk of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b Collecting sewers: means lateral, branch, submain, and trunk sewers consisting of pipes or conduits including pumps, lift stations, force mains, and other appurtenances necessary for a system to prevent or eliminate discharges of raw or inadequately treated sewage of human origin into any waters of the state. See Michigan Laws 324.4901 Commercial manufacturer: means a person engaged in the manufacture of consumer fireworks. See Michigan Laws 28.452 Commercial purposes: means offering for sale, selling, giving, or furnishing to others. See Michigan Laws 324.48728 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. 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. Conservation easement: means an interest in land that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the land or body of water or in an order of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition. See Michigan Laws 324.2140 Construction: means the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary to the construction of collecting sewers; the installation, erection, and building of collecting sewers; and the inspection and supervision of the construction of such sewers. See Michigan Laws 324.4901 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 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. Crayfish: means any arthropod of the decapoda family. See Michigan Laws 324.48728 Crustacean: means freshwater crayfish, shrimp, or prawn of the order Decapoda. See Michigan Laws 324.41301 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of licensing and regulatory affairs. See Michigan Laws 28.452 Department: means the department of natural resources. See Michigan Laws 324.80201 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 Devise: To gift property by will. Director: means the director of the department of natural resources. See Michigan Laws 324.301 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 Due notice: means notice published at least twice, with an interval of at least 7 days between the 2 publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if a publication of general circulation is not available, by posting at a reasonable number of conspicuous places within the appropriate area. See Michigan Laws 324.4701 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. 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. 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. 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 Game fish: includes all of the following:
(i) Lake trout (Salvelinus namaycush). See Michigan Laws 324.48701Genetically engineered: refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably, using recombinant nucleic acid techniques, or the progeny of such an organism. See Michigan Laws 324.41301 Genetically engineered: refers to a fish whose genome, chromosomal or extrachromosomal, is modified permanently and heritably, using recombinant nucleic acid techniques. See Michigan Laws 324.48701 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. grantee: may be construed as including every person to whom any such interest or estate passes in like manner. 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. Historic preservation easement: means an interest in land that provides a limitation on the use of a structure or site that is listed as a national historic landmark under chapter 593, 49 Stat. See Michigan Laws 324.2140 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 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland waters of this state: means the waters within the jurisdiction of the state except Saginaw river, Lakes Michigan, Superior, Huron, and Erie, and the bays and the connecting waters. See Michigan Laws 324.48701 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 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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. Land: includes lands, tenements, and real estate and rights to and interests in lands, tenements, and real estate. See Michigan Laws 324.2130 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 Legacy: A gift of property made by will. 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. Local agencies: means local units of government or other public bodies created by or pursuant to state law and having jurisdiction over collecting sewers. See Michigan Laws 324.4901 local unit: means a municipality or county. See Michigan Laws 324.301 Local unit of government: means a city, village, or township. See Michigan Laws 28.452 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 Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of personal watercraft or associated equipment. See Michigan Laws 324.80201Minnows: means chubs, shiners, suckers, when of a size ordinarily used for bait in hook and line fishing, dace, stonerollers, muddlers, and mudminnows. See Michigan Laws 324.48728 Mollusk: means any mollusk of the classes Bivalvia and Gastropoda. See Michigan Laws 324.41301 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. municipalities: as used in this part means and includes a county, city, village, township, school district, metropolitan district, port district, drainage district, authority, or other governmental authority, agency, or department within or of the state with power to acquire, construct, improve, or operate facilities for the prevention or abatement of water pollution, or any combination of such governmental agencies. See Michigan Laws 324.4501 Municipality: includes a metropolitan district, a water or sewer authority created by law, or a county, township, charter township, incorporated city, or incorporated village. See Michigan Laws 324.4701 Native: means indigenous to any location in this state. See Michigan Laws 324.41301 NFPA: means the National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts. See Michigan Laws 28.452 Nonaquatic: describes a bird, insect other than a wiggler, or mammal. See Michigan Laws 324.41301 Nongame fish: includes all kinds of fish except game fish. See Michigan Laws 324.48701 Nonnative: means not native. See Michigan Laws 324.41301 Nonresident: means a person who is not a resident. See Michigan Laws 324.48701 Novelties: means that term as defined under APA Standard 87-1, 3. See Michigan Laws 28.452 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. Officer: means a supervisor, treasurer, clerk, or trustee. See Michigan Laws 41.1b Open season: means the time during which fish may be legally taken or killed and includes both the first and last day of the season or period designated by this part. See Michigan Laws 324.48701 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 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 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. Permanent 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 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, corporation, limited liability company, partnership, association, governmental entity, or other legal entity. See Michigan Laws 324.80201 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 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 324.80201Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80201 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. 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. Recombinant nucleic acid techniques: means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. See Michigan Laws 324.41301 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. Reptile: means any turtle, snake, or lizard of the class Reptilia. See Michigan Laws 324.41301 Resident: means either of the following:
(i) A person who resides in a settled or permanent home or domicile with the intention of remaining in this state. See Michigan Laws 324.48701Retail 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 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 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSerious 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 Sewage disposal systems: includes all interceptor sewers, storm sewers, sanitary sewers, combined sanitary and storm sewers, sewage treatment plants, and all other plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, and disposal of sewage and industrial wastes. See Michigan Laws 324.4701 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 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 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 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 Statute: A law passed by a legislature. Supervisor: means the supervisor of a township elected under chapter XVI of the Michigan election law, Act No. See Michigan Laws 41.1b Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Township board: means the township board of a township constituted as provided in section 70. See Michigan Laws 41.1b Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trout stream: means any stream or portion of a stream that contains a significant population of any species of trout or salmon as determined by the department. See Michigan Laws 324.48701 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Use: means operate, navigate, or employ. See Michigan Laws 324.80201 Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80201 Water supply system: includes all plants, work, instrumentalities, and properties used or useful in connection with obtaining a water supply, the treatment of water, and the distribution of water. See Michigan Laws 324.4701 Watercraft: means any conveyance 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 324.41301 Waters: means any inland lake, stream, river, pond, or other body of water including the Great Lakes and connecting waters, any part or portion of such waters, and any and all chains, systems, or combinations of such waters, in any township or townships or county or counties, within this state, and in which any species of fish or waterfowl are protected by the laws of this state. See Michigan Laws 324.41101 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 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 Wiggler: means an aquatic egg, nymph, or larva of an insect. See Michigan Laws 324.41301 Wigglers: means Mayfly nymphs or any other aquatic insect nymphs or larvae. See Michigan Laws 324.48728