§ 3.1011 Short title
§ 3.1012 Interstate compact for supervision of adult offenders; form

Terms Used In Michigan Laws > Chapter 3 > Act 40 of 2002

  • 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.
  • 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.
  • 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
  • Approved holding tank: means a holding tank certified by the United States coast guard under part 159 of subchapter O of chapter I of title 33 of the code of federal regulations, 33 C. See Michigan Laws 324.9501
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: means the Michigan natural resources trust fund board established in part 19. See Michigan Laws 324.2130
  • Clerk: 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 purposes: means offering for sale, selling, giving, or furnishing to others. See Michigan Laws 324.48728
  • 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.
  • 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
  • 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 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.
  • Discharge: means spilling, leaking, pumping, pouring, emitting, emptying, or dumping. See Michigan Laws 324.9501
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • 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 land exchange facilitation fund created in section 2134. See Michigan Laws 324.2130
  • 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
  • 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
  • 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
  • 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
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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

  • Litter: means rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, oil, or other foreign substances of every kind and description. See Michigan Laws 324.9501
  • 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 of government: means a municipality or county. See Michigan Laws 324.301
  • Marine sanitation device: means equipment designed for installation on board a watercraft or installed on board a watercraft to receive, retain, treat, or discharge sewage. See Michigan Laws 324.9501
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mollusk: means any mollusk of the classes Bivalvia and Gastropoda. See Michigan Laws 324.41301
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • 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
  • 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 commissioned officer and a warrant officer, unless a distinction between commissioned officer and warrant officer is clearly evident. See Michigan Laws 32.505
  • Officer: means a supervisor, treasurer, clerk, or trustee. See Michigan Laws 41.1b
  • Oil: means oil of any kind or in any form, including petroleum, fuel oil, sludge, and oil refuse. See Michigan Laws 324.9501
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • Portable: means not permanently affixed to a watercraft and capable of being immediately removed from a watercraft. See Michigan Laws 324.9501
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • 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.
  • 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

  • Service of process: The service of writs or summonses to the appropriate party.
  • 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: means human body wastes, treated or untreated. See Michigan Laws 324.9501
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • 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
  • Watercraft: means a contrivance used or capable of being used for navigation upon water, whether or not capable of self-propulsion, including foreign and domestic vessels engaged in commerce upon the waters of this state, passenger or other cargo-carrying vessels, and privately owned recreational watercraft. See Michigan Laws 324.9501
  • Waters of this state: means waters within the territorial limits of this state including the waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.9501
  • 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