Michigan Laws > Chapter 3 > Act 248 of 2001 – Interstate Emergency Management Assistance Compact; Personnel


§ 3.1001	Interstate emergency management assistance compact; personnel
§ 3.1002	Review by legislature
§ 3.1003	Legislative intent
§ 3.1004	Conditional effective date

Terms Used In Michigan Laws > Chapter 3 > Act 248 of 2001 - Interstate Emergency Management Assistance Compact; Personnel

Active service: means service, including active state service and special duty required by law, regulation, or pursuant to order of the governor. See Michigan Laws 32.505
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.
Agricultural lien: means an interest, other than a security interest, in farm products that meets all of the following requirements:

(i) The interest secures payment or performance of an obligation for 1 or more of the following:

(A) Goods or services furnished in connection with a debtor's farming operation. See Michigan Laws 440.9102

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

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

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.

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Bank: means an organization that is engaged in the business of banking. See Michigan Laws 440.9102

Bequest: Property gifted by will.

Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.2130

Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See Michigan Laws 440.1201

Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Michigan Laws 440.9102

Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. See Michigan Laws 440.9102

Clerk: means the clerk of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b

Collateral: means the property subject to a security interest or agricultural lien. See Michigan Laws 440.9102

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

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Compliance assistance agent: means an individual who provides technical assistance to individuals, organizations, agencies, or others to aid them in complying with federal and state laws and local conservation ordinances. See Michigan Laws 324.9301

conservation district: means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with this part, for the purposes, with the powers, and subject to the restrictions set forth in this part. See Michigan Laws 324.9301

conservation district board: means the governing body of a conservation district. See Michigan Laws 324.9301

Conservation species: means those plant species beneficial for conservation practices as included on the list prepared under section 9304a by the conservation species advisory panel. See Michigan Laws 324.9301

Consignor: means a person that delivers goods to a consignee in a consignment. See Michigan Laws 440.9102

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

Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See Michigan Laws 440.1201

Crustacea: means any freshwater crayfish, shrimp, or prawn of the order decapoda. See Michigan Laws 324.48701

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.

Debtor: means 1 of the following:

(i) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor. See Michigan Laws 440.9102

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.

Delivery: means either of the following:

(i) With respect to an electronic document of title, a voluntary transfer of control. See Michigan Laws 440.1201

Department: means the department of environmental quality. See Michigan Laws 324.8801

Department: means the department of agriculture and rural development. See Michigan Laws 324.9301

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 1 of the members of the conservation district board, elected or appointed in accordance with this part. See Michigan Laws 324.9301

Director: means the director of the department of natural resources. See Michigan Laws 324.301

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}

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.

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.

Farm products: means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are 1 of the following:

(i) Crops grown, growing, or to be grown, including crops produced on trees, vines, and bushes, and aquatic goods produced in aquacultural operations. See Michigan Laws 440.9102

Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Michigan Laws 440.9102

firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t

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.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Fraud: Intentional deception resulting in injury to another.

Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}

Fund: means the clean water fund created in section 8807. See Michigan Laws 324.8801

Game: has the meaning given that term in part 401. See Michigan Laws 324.43504

Game fish: includes all of the following:

(i) Lake trout (Salvelinus namaycush). See Michigan Laws 324.48701

Genetically 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

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Goods: means all things that are movable when a security interest attaches. See Michigan Laws 440.9102

governmental: includes the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Michigan Laws 324.9301

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

Grant: means a nonpoint source pollution prevention and control grant or a wellhead protection grant under this part. See Michigan Laws 324.8801

grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e

Holder: means any of the following:

(i) A person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession. See Michigan Laws 440.1201

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

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

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

Instrument: means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. See Michigan Laws 440.9102

Inventory: means goods, other than farm products, that meet 1 of the following:

(i) Are leased by a person as lessor. See Michigan Laws 440.9102

Investment property: means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account. See Michigan Laws 440.9102

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

Landowner: includes any person who holds title to or has contracted to purchase any land lying within a district organized under this part or former 1937 PA 297. See Michigan Laws 324.9301

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}

Legacy: A gift of property made by will.

Lien: A claim against real or personal property in satisfaction of a debt.

Lien creditor: means 1 or more of the following:

(i) A creditor that has acquired a lien on the property involved by attachment, levy, or the like. See Michigan Laws 440.9102

Line of duty: as used in this act means an act performed by a member of the state military establishment in obedience to or in conformity with a law, rule, regulation, order, command or custom of the military service or an act performed which is not in violation of a law, rule, regulation, order, command or custom of the military service, or that will not bring discredit to the military service. See Michigan Laws 32.521

Litter: means any of the following:

(i) Rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances. See Michigan Laws 324.8901

local unit: means a municipality or county. See Michigan Laws 324.301

Military: means a reference to all components of the state military establishment. See Michigan Laws 32.505

Minnows: 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

Mollusks: means any mollusk of the classes bivalvia and gastropoda. See Michigan Laws 324.48701

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

Municipality: means a city, village, or township. See Michigan Laws 324.301

Native: means indigenous to any location in this state. See Michigan Laws 324.41301

New debtor: means a person that becomes bound as debtor under section 9203(4) by a security agreement previously entered into by another person. See Michigan Laws 440.9102

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

Nonresident: means a person who is not a resident. See Michigan Laws 324.48701

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

Officer: means a commissioned officer and a warrant officer, unless a distinction between commissioned officer and warrant officer is clearly evident. See Michigan Laws 32.505

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

Original debtor: means , except as used in section 9310(3), a person that, as debtor, entered into a security agreement to which a new debtor has become bound under section 9203(4). See Michigan Laws 440.9102

Oversight: Committee review of the activities of a Federal agency or program.

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, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Michigan Laws 440.1201

Person: means an individual, partnership, or corporation. See Michigan Laws 324.9301

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 property: All property that is not real property.

Plant rescue: means to physically move native conservation species of plants from 1 location in Michigan to another location in Michigan for the purpose of reestablishing the native conservation species. See Michigan Laws 324.9301

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.

Proceeds: means , except as used in section 9609(2), 1 or more of the following property:

(i) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral. See Michigan Laws 440.9102

Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public or private property or water: includes , but is not limited to, any of the following:

(i) The right-of-way of a road or highway, a body of water or watercourse, or the shore or beach of a body of water or watercourse, including the ice above the water. See Michigan Laws 324.8901

Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See Michigan Laws 440.1201

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

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 324.48701

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

Reptiles: means any turtle, snake, or lizard of the class reptilia. See Michigan Laws 324.48701

Resident: means a person who is of legal age to vote and can demonstrate residency in the district with 1 piece of identification. See Michigan Laws 324.9301

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 324.48701

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 8.3n

Secured party: means 1 or more of the following:

(i) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding. See Michigan Laws 440.9102

Security interest: means an interest in personal property or fixtures which secures payment or performance of an obligation. See Michigan Laws 440.1201

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.

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

Software: means a computer program and any supporting information provided in connection with a transaction relating to the program. See Michigan Laws 440.9102

Special duty: means military service in support of the full-time operation of the state military establishment for a period of not less than 1 day if ordered by competent authority. See Michigan Laws 32.505

State: means this state. See Michigan Laws 324.9301

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

Statute: A law passed by a legislature.

Summons: Another word for subpoena used by the criminal justice system.

Supervisor: means the supervisor of a township elected under chapter XVI of the Michigan election law, Act No. See Michigan Laws 41.1b

Supporting obligation: means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property. See Michigan Laws 440.9102

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

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.

Township board: means the township board of a township constituted as provided in section 70. See Michigan Laws 41.1b

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.

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

Trustee: A person or institution holding and administering property in trust.

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Vehicle: means a motor vehicle registered or required to be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.8901

Vessel: means a vessel registered under part 801. See Michigan Laws 324.8901

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

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

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