Part 1 General Provisions
Part 2 Effectiveness of Security Agreement; Attachment of Security Interest; Rights of Parties to Security Agreement
Part 3 Perfection and Priority
Part 4 Rights of Third Parties
Part 5 Filing
Part 6 Default
Part 7 Transition
Part 8 Transition Provisions for 2010 Amendments
Part EFFECTIVE Date and Repealer

Terms Used In Michigan Laws > Chapter 440 > Act 174 of 1962 > Article 9 - Secured Transactions

  • Accession: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. See Michigan Laws 440.9102
  • Accessory: means any accessory, equipment, additional part or replacement part for a vehicle for which a certificate of title is required to be issued under this act. See Michigan Laws 257.1a
  • Account debtor: means a person obligated on an account, chattel paper, or general intangible. See Michigan Laws 440.9102
  • account for: means a right to payment of a monetary obligation, whether or not earned by performance, for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, for services rendered or to be rendered, for a policy of insurance issued or to be issued, for a secondary obligation incurred or to be incurred, for energy provided or to be provided, for the use or hire of a vessel under a charter or other contract, arising out of the use of a credit or charge card or information contained on or for use with the card, or as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. See Michigan Laws 440.9102
  • accounting for: means a record that meets all of the following requirements:
  (i) Authenticated by a secured party. See Michigan Laws 440.9102
  • 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
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative adjustment request: means an administrative adjustment request filed by a partnership under section 6227 of the internal revenue code. See Michigan Laws 206.721
  • Administrative authority: means the state or local official responsible for the administration and enforcement of this act. See Michigan Laws 125.1351
  • 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.
  • advisor: means an individual who has entered into a volunteer agreement with the department to serve as a nondeployable advisor in the Michigan cyber civilian corps. See Michigan Laws 18.222
  • Advisory board: means the Michigan cyber civilian corps advisory board created under section 9. See Michigan Laws 18.222
  • Aeronautics: means any act or matter that treats or deals with flight in the airspace. See Michigan Laws 259.2
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural conservation easement: means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. See Michigan Laws 324.36201
  • 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
  • Agricultural use: means substantially undeveloped land devoted to the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities. See Michigan Laws 324.36201
  • Airboat: means a motorboat that is propelled, wholly or in part, by a propeller projecting above the water surface. See Michigan Laws 324.80101
  • Aircraft: means any contrivance used or designed for navigation of or flight in the air. See Michigan Laws 259.2
  • Airport: means any location, either on land or water, that is used for the landing or take-off of aircraft, and includes the buildings and facilities, if any, on that location. See Michigan Laws 259.2
  • Airport manager: means any individual who is properly appointed and designated by the airport owner as the airport manager, and who is responsible for the supervision and operation of the airport to the airport owner. See Michigan Laws 259.2
  • Allegation: something that someone says happened.
  • 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.
  • 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
  • Annual user costs: means an annual charge levied by a water supplier on users of the waterworks system to pay for each user's share of the cost for operation, maintenance, and replacement of the waterworks system. See Michigan Laws 324.5401
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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 invasive plant species: means an aquatic plant species, hybrid, or genotype that is not native and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health. See Michigan Laws 324.41401
  • Aquatic nuisance: means an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmer's itch. See Michigan Laws 324.3301
  • Aquatic nuisance species: means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters. See Michigan Laws 324.3101
  • 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
  • Armory: means a building, facility, or the lots and grounds used by an army, navy, or air unit of the national guard or organized militia as a home station or for military training. See Michigan Laws 32.505
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest card: means a paper form or an electronic format prescribed by the department that facilitates the collection and compilation of criminal and juvenile arrest history record information and biometric data. See Michigan Laws 28.241a
  • Art: means an original, visual creation of quality executed in any size or shape, in any media, using any kind or combination of materials. See Michigan Laws 18.71
  • As-extracted collateral: means 1 or more of the following:
  •   (i) Oil, gas, or other minerals that are subject to a security interest that is created by a debtor having an interest in the minerals before extraction and attaches to the minerals as extracted. See Michigan Laws 440.9102
  • Asset management program: means the program that identifies the desired level of service at the lowest life cycle cost for rehabilitating, repairing, or replacing the assets associated with a municipality's wastewater or storm water system. See Michigan Laws 324.5201
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means 1 or more of the following activities to the extent authorized by the federal water pollution control act:
  •   (i) Provision of loans to municipalities for construction of sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301
  • Assistance: means 1 or more of the following activities to the extent authorized by the federal safe drinking water act:
  •   (i) Provision of loans for the planning, design, and construction or alteration of waterworks systems. See Michigan Laws 324.5401
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Audited partnership: means a partnership subject to a partnership level audit resulting in a federal adjustment. See Michigan Laws 206.721
  • Authority: means the Michigan municipal bond authority created in section 4 of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5201
  • Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5401
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Ballast water: means water and associated solids taken on board a vessel to control or maintain trim, draft, stability, or stresses on the vessel, without regard to the manner in which it is carried. See Michigan Laws 324.3101
  • Ballast water treatment method: means a method of treating ballast water and sediments to remove or destroy living biological organisms through 1 or more of the following:
  •   (i) Filtration. See Michigan Laws 324.3101
  • Bank: means an organization that is engaged in the business of banking. See Michigan Laws 440.9102
  • 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.
  • Barrier free design: means those architectural designs which eliminate the type of barriers and hindrances that deter physically limited persons from having access to and free mobility in and around a building, structure, or improved area. See Michigan Laws 125.1351
  • 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.
  • Biometric data: means all of the following:
  •   (i) Fingerprint images recorded in a manner prescribed by the department. See Michigan Laws 28.241a
  • Block: means block as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 3.55
  • Board: means the agricultural preservation fund board created in section 36204. See Michigan Laws 324.36201
  • Board: means the department of state. See Michigan Laws 3.161
  • Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.2130
  • Boat: means a vessel. See Michigan Laws 324.80101
  • Branch: includes a separately incorporated foreign branch of a bank. See Michigan Laws 440.1201
  • Building: means a building as defined in section 2 of Act No. See Michigan Laws 125.1351
  • 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
  • Capitalization grant: means the federal grant made to this state by the United States Environmental Protection Agency for the purpose of establishing a state water pollution control revolving fund, as provided in title VI of the federal water pollution control act, 33 USC 1381 to 1389. See Michigan Laws 324.5301
  • Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Michigan Laws 440.9102
  • Certificate of coverage: means written authorization from the department to implement a project under a general permit. See Michigan Laws 324.3301
  • Certificate of title: means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. 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
  • Chief information officer: means the individual within the department designated by the governor as the chief information officer for this state. See Michigan Laws 18.222
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
  • Claimant: means a victim or intervenor who is injured, or any other person eligible for an award under section 4(1) or 5(1), who files a claim under this act. See Michigan Laws 18.351
  • Clerk: means the clerk of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Client: means a municipal, educational, nonprofit, or critical infrastructure organization that has requested and is using the rapid response assistance of the Michigan cyber civilian corps under the direction of the department. See Michigan Laws 18.222
  • Collateral: means the property subject to a security interest or agricultural lien. See Michigan Laws 440.9102
  • 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
  • Collector plate: means a collector plate that matches any registration plate developed and issued under this act. See Michigan Laws 257.811d
  • Commander-in-chief: means the governor of this state. See Michigan Laws 32.505
  • Commanding officer: means the director of the department of state police or the director's designee. See Michigan Laws 28.241a
  • Commercial purposes: means offering for sale, selling, giving, or furnishing to others. See Michigan Laws 324.48728
  • Commercial tort claim: means a claim arising in tort with respect to which of the following applies:
  •   (i) The claimant is an organization. See Michigan Laws 440.9102
  • Commission: means the Mackinac Island state park commission created in section 76503. See Michigan Laws 324.76501
  • Commission: means the Michigan aeronautics commission. See Michigan Laws 259.3
  • commission: means the Mackinac Island state park commission. See Michigan Laws 324.76701
  • Commission: means the commission of agriculture and rural development. See Michigan Laws 324.36201
  • Commission: means the Hispanic/Latino commission of Michigan created in section 2. See Michigan Laws 18.301
  • Commission: means the crime victim services commission. See Michigan Laws 18.351
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Committee: means the committee on art in public places. See Michigan Laws 18.71
  • Commodity account: means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. See Michigan Laws 440.9102
  • Commodity contract: means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is 1 of the following:
  •   (i) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws. See Michigan Laws 440.9102
  • Commodity customer: means a person for which a commodity intermediary carries a commodity contract on its books. See Michigan Laws 440.9102
  • Commodity intermediary: means 1 of the following:
  •   (i) A person that is registered as a futures commission merchant under federal commodities law. See Michigan Laws 440.9102
  • 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.
  • Communicate: means 1 or more of the following:
  •   (i) To send a written or other tangible record. See Michigan Laws 440.9102
  • Community water supply: means a public water supply that provides year-round service to not less than 15 living units or that regularly provides year-round service to not less than 25 residents. See Michigan Laws 324.5401
  • 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
  • Consignee: means a merchant to which goods are delivered in a consignment. See Michigan Laws 440.9102
  • Consignment: means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and that meets all of the following:
  •   (i) The merchant deals in goods of that kind under a name other than the name of the person making delivery, is not an auctioneer, and is not generally known by its creditors to be substantially engaged in selling the goods of others. See Michigan Laws 440.9102
  • Consignor: means a person that delivers goods to a consignee in a consignment. See Michigan Laws 440.9102
  • 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
  • Construction activities: means an action undertaken to plan, design, or build sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301
  • Construction activities: means any actions undertaken in the planning, designing, or building of a waterworks system. See Michigan Laws 324.5401
  • Consumer: means an individual who enters into a transaction primarily for personal, family, or household purposes. See Michigan Laws 440.1201
  • Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. See Michigan Laws 440.9102
  • Consumer obligor: means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes. See Michigan Laws 440.9102
  • Consumer transaction: means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes, a security interest secures the obligation, and the collateral is held or acquired primarily for personal, family, or household purposes. See Michigan Laws 440.9102
  • Consumer-goods transaction: means a consumer transaction in which an individual incurs an obligation primarily for personal, family, or household purposes and a security interest in consumer goods secures the obligation. See Michigan Laws 440.9102
  • Continuation statement: means an amendment of a financing statement which identifies, by its file number, the initial financing statement to which it relates and indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. See Michigan Laws 440.9102
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 32.505
  • controlling board: means all boards having the care, management, or control over public school districts and public educational institutions other than a public school academy established under the revised school code, Act No. See Michigan Laws 38.73
  • Conventional gravity sewer extension: means the installation of a new gravity sewer and connection to an existing collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.4101
  • Convicted: means 1 of the following:
  •   (i) Having a judgment of conviction or a probation order entered in any court having jurisdiction over criminal offenses, including, but not limited to, a tribal court or a military court. See Michigan Laws 28.722
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporate partner: means a partner, other than a unitary business group, that is subject to tax under chapter 11, including a partner that has unrelated business activity. See Michigan Laws 206.721
  • corporation: means that term as defined in section 605. See Michigan Laws 206.721
  • 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
  • Crime: means an act that is 1 of the following:
  •    (i) A crime under the laws of this state or the United States that causes an injury within this state. See Michigan Laws 18.351
  • Criminal history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions. See Michigan Laws 28.241a
  • Critical infrastructure: means systems and assets, whether physical or virtual, so vital to the United States or this state that the incapacity or destruction of that system or asset would have a debilitating impact on security, economic security, public health or safety, or any combination of these as determined by the department. See Michigan Laws 18.222
  • 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
  • Custodial authority: means 1 or more of the following apply:
  •   (i) The actor was a member of the same household as the victim. See Michigan Laws 28.722
  • Cybersecurity incident: means an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident on any of these. See Michigan Laws 18.222
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • damages: means the fair market value on the stump or at the mill, whichever is greater of a forest product cut or removed, or the fair and actual value of any other property removed or damaged in trespass, plus any other damages caused before, during, or after the cutting or removal. See Michigan Laws 324.2155
  • Dating relationship: means frequent, intimate associations primarily characterized by the expectation of affectional involvement. See Michigan Laws 18.351.amended
  • 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
  • Decedent: A deceased person.
  • 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 state police. See Michigan Laws 28.122
  • Department: means the department of state police. See Michigan Laws 28.241a
  • Department: means the department of environmental quality. See Michigan Laws 324.3301
  • Department: means the department of environmental quality. See Michigan Laws 324.5201
  • Department: means the state transportation department, bureau of aeronautics. See Michigan Laws 259.3
  • Department: means the department of environment, Great Lakes, and energy or its authorized agent or representative. See Michigan Laws 324.5402
  • Department: means the department of commerce. See Michigan Laws 125.1222
  • Department: means the department of management and budget. See Michigan Laws 18.71
  • Department: means the department of environmental quality. See Michigan Laws 324.41401
  • Department: means the department of technology, management, and budget. See Michigan Laws 18.222
  • Department: means the department of agriculture and rural development. See Michigan Laws 324.36201
  • Department: means the department of state police. See Michigan Laws 28.722
  • 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
  • Dependent: A person dependent for support upon another.
  • Dependent: means an individual principally dependent on another for support. See Michigan Laws 18.351.amended
  • Deposit account: means a demand, time, savings, passbook, or similar account maintained with a bank. See Michigan Laws 440.9102
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Detroit consumer price index: means the most comprehensive index of consumer prices available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics. See Michigan Laws 324.3101
  • Development: means an activity that materially alters or affects the existing conditions or use of any land. See Michigan Laws 324.36101
  • Development: means an activity that materially alters or affects the existing conditions or use of any land in a manner that is inconsistent with an agricultural use. See Michigan Laws 324.36201
  • Development rights: means an interest in land that includes the right to construct a building or structure, to improve land for development, or to divide a parcel for development purposes. See Michigan Laws 324.36201
  • Devise: To gift property by will.
  • Direct partner: means a partner that holds an interest directly in a partnership or other flow-through entity. See Michigan Laws 206.721
  • Director: means the director of the department. See Michigan Laws 324.3301
  • Director: means the director of the Mackinac Island state park commission. See Michigan Laws 324.76501
  • Director: means the deputy director of the department, bureau of aeronautics who is the director of the Michigan aeronautics commission. See Michigan Laws 259.3
  • Director: means the director of the department or his or her designated representative. See Michigan Laws 324.5402
  • Director: means the director of the department of management and budget or the designated representative of the director. See Michigan Laws 18.71
  • Director: means the director of the office of Hispanic/Latino affairs. See Michigan Laws 18.301
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the division of minority business enterprise. See Michigan Laws 125.1222
  • Document: means a document of title or a receipt of the type described in section 7201(2). See Michigan Laws 440.9102
  • Document of title: means a record that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. See Michigan Laws 440.1201
  • 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
  • Electronic chattel paper: means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. See Michigan Laws 440.9102
  • 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
  • Eligible applicant: means a person that meets the requirements under section 41402. See Michigan Laws 324.41401
  • Eligible project: means a project that meets the requirements under section 41402. See Michigan Laws 324.41401
  • Emergency management coordinator: means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30. See Michigan Laws 324.3101
  • Employee: means an individual who is self-employed or works for any other entity as a full-time or part-time employee, contractual provider, or volunteer, regardless of whether he or she is financially compensated. See Michigan Laws 28.722
  • Employee-owned corporation: means an employee-owned corporation as defined by the employee-owned corporation act. See Michigan Laws 125.1252
  • Encumbrance: means a right, other than an ownership interest, in real property. See Michigan Laws 440.9102
  • Endangered species: means any species of fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the secretary of the United States department of the interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans. See Michigan Laws 324.36501
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equipment: means goods other than inventory, farm products, or consumer goods. See Michigan Laws 440.9102
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Expedited review: means an expedited review of an application for a construction permit under section 4112. See Michigan Laws 324.4101
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility used by the public: means a building, structure, or improved area utilized for purposes of education, employment, housing other than a privately owned 1 or 2 family dwelling, transportation, or recreation and for the purchase, rental, or acquisition of goods or services. See Michigan Laws 125.1351
  • 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
  • Farming operation: means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation. See Michigan Laws 440.9102
  • Farmland: means 1 or more of the following:
  •   (i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.36201
  • Federal adjustment: means a change to an item or amount determined under the internal revenue code that is used by a taxpayer to compute tax liability under this act whether that change results from action by the IRS, including a partnership level audit, or the filing of an amended federal return, federal refund claim, or an administrative adjustment request by the taxpayer. See Michigan Laws 206.721
  • Federal adjustments report: includes methods or forms required by the department for use by a taxpayer to report final federal adjustments, including an amended tax return or information return. See Michigan Laws 206.721
  • Federal partnership representative: means the person the partnership designates for the reviewed year as the partnership's representative, or the person the IRS has appointed to act as the federal partnership representative, pursuant to section 6223 of the internal revenue code. See Michigan Laws 206.721
  • Federal safe drinking water act: means the safe drinking water act, 42 USC 300f to 300j-25, and the rules promulgated under that act. See Michigan Laws 324.5402
  • Federal water pollution control act: means 33 USC 1251 to 1389. See Michigan Laws 324.5301
  • Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.241a
  • Felony: means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 174, MCL 761. See Michigan Laws 28.722
  • Fiduciary: A trustee, executor, or administrator.
  • File number: means the number assigned to an initial financing statement pursuant to section 9519(1). See Michigan Laws 440.9102
  • Filing office: means an office designated in section 9501 as the place to file a financing statement. See Michigan Laws 440.9102
  • Filing-office rule: means a rule adopted pursuant to section 9526. See Michigan Laws 440.9102
  • Final determination date: means that term as defined in section 325. See Michigan Laws 206.721
  • 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.
  • Fixture filing: means the filing of a financing statement covering goods that are or are to become fixtures and satisfying section 9502(1) and (2). See Michigan Laws 440.9102
  • Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Michigan Laws 440.9102
  • Flow-through entity: means an entity that for the applicable tax year is treated as an S corporation under section 1362(a) of the internal revenue code, a general partnership, a limited partnership, a limited liability partnership, or a limited liability company, that for the applicable tax year is not taxed as a corporation for federal income tax purposes. See Michigan Laws 206.721
  • 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 infrastructure construction fund created in section 4113. See Michigan Laws 324.4101
  • Fund: means the strategic water quality initiatives fund created in section 5204. See Michigan Laws 324.5201
  • Fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Fund: means the state drinking water revolving fund established under section 16b of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5402
  • Fund: means the state art in public places fund. See Michigan Laws 18.71
  • Fund: means the inland lake aquatic invasive plant species control and eradication fund created in section 41403. See Michigan Laws 324.41401
  • Fund: means the agricultural preservation fund created in section 36202. See Michigan Laws 324.36201
  • Fundable range: means those projects, taken in descending order on the priority lists, for which sufficient funds are estimated by the department to exist to provide assistance at the beginning of each annual funding cycle. See Michigan Laws 324.5301
  • Fundable range: means those projects, taken in descending order on the priority list, for which the department estimates sufficient funds exist to provide assistance during each annual funding cycle. See Michigan Laws 324.5402
  • Game: has the meaning given that term in part 401. See Michigan Laws 324.43504
  • Game and fish protection account: means the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. See Michigan Laws 324.43701
  • Game and fish protection account: means the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. See Michigan Laws 324.43504
  • Game fish: includes all of the following:
  •   (i) Lake trout (Salvelinus namaycush). See Michigan Laws 324.48701
  • Gas: means a mixture of hydrocarbons and nonhydrocarbons in a gaseous state which may or may not be associated with oil and includes liquids resulting from the condensation of those hydrocarbons and nonhydrocarbons. See Michigan Laws 324.43701
  • General intangible: means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. See Michigan Laws 440.9102
  • General permit: means a permit for a category of activities that the department determines will not negatively impact human health and will have no more than minimal short-term adverse impacts on the natural resources and environment. See Michigan Laws 324.3302
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: except as otherwise provided in article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Michigan Laws 440.1201
  • Goods: means all things that are movable when a security interest attaches. See Michigan Laws 440.9102
  • Governing body: means the board, by whatever name known, charged with governing the municipality. See Michigan Laws 125.1252
  • Governmental unit: means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. See Michigan Laws 440.9102
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant: means a grant from the grant program. See Michigan Laws 324.5201
  • Grant: means an inland lake aquatic invasive plant species control or eradication grant issued through the program. See Michigan Laws 324.41401
  • Grant: means a grant for the purchase of an agriculture conservation easement under this part. See Michigan Laws 324.36201
  • Grant program: means the strategic water quality initiatives grant program established under this part. See Michigan Laws 324.5201
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Great Lakes: means the Great Lakes and their connecting waters, including Lake St. See Michigan Laws 324.3101
  • 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.
  • Health-care-insurance receivable: means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided. See Michigan Laws 440.9102
  • Highway or street: means a highway or street as defined in section 20 of Act No. See Michigan Laws 257.1702
  • 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
  • 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
  • Household member: means an individual who resides in the same dwelling unit as a victim or intervenor. See Michigan Laws 18.351.amended
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Import: means to bring into, introduce into, or attempt to bring into or introduce into any place subject to the jurisdiction of this state. See Michigan Laws 324.36501
  • Improved area: includes parking lots, harbors, parks, beaches, public telephones, and drinking fountains. See Michigan Laws 125.1351
  • 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
  • Indigent: means an individual to whom 1 or more of the following apply:
  •   (i) He or she has been found by a court to be indigent within the last 6 months. See Michigan Laws 28.722
  • Indirect partner: means a partner in a partnership or other flow-through entity that itself holds an interest directly, or through another indirect partner, in a partnership or other flow-through entity. See Michigan Laws 206.721
  • Industrial building: means a building or structure suitable for, and intended for or incidental to, use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, warehouse, research and development facility, an engineering, architectural, or design facility, or a tourist and resort facility. See Michigan Laws 125.1252
  • Industrial machinery and equipment: means such machinery and equipment, including water and air pollution control equipment and solid waste disposal facilities, other than vehicular equipment, as shall be necessary, suitable, intended for, or incidental to the use to which the industrial building in or near which the machinery or equipment shall be situated is to be put. See Michigan Laws 125.1252
  • 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
  • Institution of higher education: means 1 or more of the following:
  •   (i) A public or private community college, college, or university. See Michigan Laws 28.722
  • 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
  • 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
  • Intervenor: means a person who goes to the aid of one who has become a victim of a crime and who suffers personal physical injury. See Michigan Laws 18.351
  • 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
  • IRS: means the Internal Revenue Service of the United States Department of the Treasury. See Michigan Laws 206.721
  • 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: means , except as otherwise provided in section 3, other states of the United States, the District of Columbia, territories and possessions of the United States, foreign countries, or political subdivisions of foreign countries. See Michigan Laws 3.161
  • 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.
  • Juror: A person who is on the jury.
  • Juvenile history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions. See Michigan Laws 28.241a
  • Juvenile offense: means an offense committed by a juvenile that, if committed by an adult, would be a felony, a criminal contempt conviction under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 28.241a
  • Lake management plan: means a document that contains all of the following:
  •   (i) A description of the physical, chemical, and biological attributes of a waterbody. See Michigan Laws 324.3302
  • Land: includes lands, tenements, and real estate and rights to and interests in lands, tenements, and real estate. See Michigan Laws 324.2130
  • land disposal wastewater management program: means the program developed in the United States army corps of engineers southeastern Michigan survey scope wastewater management study, as authorized by section 102 of title I of the federal water pollution control act, chapter 758, 86 Stat. See Michigan Laws 324.5101
  • Landing field: means any location, either on land or water, that is used for the landing or take-off of aircraft. See Michigan Laws 259.6
  • Law enforcement agency: means the police department of a city, township, or village, the sheriff's department of a county, the department, or any other governmental law enforcement agency of this state. See Michigan Laws 28.241a
  • 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.
  • Letter-of-credit right: means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. See Michigan Laws 440.9102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means a license issued by the department to operate a game bird hunting preserve. See Michigan Laws 324.41701
  • License: means a game breeder's license issued pursuant to this part. See Michigan Laws 324.42701
  • License: includes the whole or part of an agency permit, certificate, approval, registration, charter, or similar form of permission required by law. See Michigan Laws 24.205
  • Licensed professional engineer: means a professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 324.4101
  • 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
  • Lineal descendant: Direct descendant of the same ancestors.
  • Listed offense: means a tier I, tier II, or tier III offense. See Michigan Laws 28.722
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means a loan from the loan program. See Michigan Laws 324.5201
  • Loan program: means the strategic water quality initiatives loan program established under section 5202. See Michigan Laws 324.5201
  • 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 health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.3101
  • Local law enforcement agency: means the police department of a municipality. See Michigan Laws 28.722
  • Local unit: means a county, city, village, or township or an agency or instrumentality of any of these entities. See Michigan Laws 324.3101
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Local unit of government: means a village, city, township, or county. See Michigan Laws 28.117
  • Majority leader: see Floor Leaders
  • Manufactured home: means a structure, transportable in 1 or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Michigan Laws 440.9102
  • Manufactured-home transaction: means a secured transaction that creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory, or in which a manufactured home, other than a manufactured home held as inventory, is the primary collateral. See Michigan Laws 440.9102
  • Marine law: means this part, a local ordinance adopted in conformity with this part, or a rule promulgated under this part. See Michigan Laws 324.80103
  • martial rule: means the exercise of partial or complete military control over domestic territory in time of emergency because of public necessity. See Michigan Laws 32.505
  • Methamphetamine-related offense: means 1 or more of the following offenses under Michigan law:
  •   (i) A violation or attempted violation of article 7 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.122
  • Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301
  • Michigan cyber civilian corps: means the program established by this act under which civilian volunteers who have expertise in addressing cybersecurity incidents may volunteer at the invitation of the department to provide rapid response assistance to a municipal, educational, nonprofit, or critical infrastructure organization in need of expert assistance during a cybersecurity incident. See Michigan Laws 18.222
  • Michigan cyber civilian corps volunteer: means an individual who has entered into a volunteer agreement with the department to serve as a deployable volunteer in the Michigan cyber civilian corps. See Michigan Laws 18.222
  • Michigan national guard: means the army national guard and the air national guard. See Michigan Laws 32.505
  • Military: means a reference to all components of the state military establishment. See Michigan Laws 32.505
  • Military establishment: means the organized militia of this state, including the employees and equipment assigned or necessary to carry out the provisions of this act. See Michigan Laws 32.505
  • Mineral: means an inorganic substance that can be extracted from the earth, except for oil or gas, and includes rock, metal ores, and mineral water. See Michigan Laws 324.43701
  • 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
  • Minor: means a victim of a listed offense who was less than 18 years of age at the time the offense was committed. See Michigan Laws 28.722
  • Minority business enterprise: means a business enterprise that is owned or controlled solely by 1 or more socially or economically disadvantaged persons. See Michigan Laws 125.1222
  • Misdemeanor: means either of the following:
  •   (i) A violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 28.241a
  • 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
  • monetary obligation: means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. See Michigan Laws 440.9102
  • Money: means a medium of exchange authorized or adopted by a domestic or foreign government. See Michigan Laws 440.1201
  • 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: means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation. See Michigan Laws 440.9102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means any device that is self-propelled, or partially self-propelled, by which a person or property may be transported or drawn. See Michigan Laws 324.76501
  • Motor vehicle: means a motor vehicle as defined in section 33 of Act No. See Michigan Laws 257.1702
  • 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: means this state, a county, city, village, or township, or an agency or instrumentality of any of these entities. See Michigan Laws 324.3101
  • 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 that term as it is defined in section 5301. See Michigan Laws 324.5201
  • Municipality: means a city, village, county, township, authority, or other public body, including either of the following:
  •   (i) An intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5301
  • Municipality: means a city, village, county, township, authority, public school district, or other public body with taxing authority, including an intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5402
  • Municipality: means a county, city, incorporated village, township, or port district. See Michigan Laws 125.1252
  • Municipality: means a city, village, or township of this state. See Michigan Laws 28.722
  • Municipality: means a city, village, or township. See Michigan Laws 324.301
  • municipality or other entity: means a county, city, school district, or other entity that has received a federal bond limitation allocation. See Michigan Laws 125.1295
  • NADDI: means the national association of drug diversion investigators. See Michigan Laws 28.122
  • National response center: means the National Communications Center established under the clean water act, 33 USC 1251 to 1387, located in Washington, DC, that receives and relays notice of oil discharge or releases of hazardous substances to appropriate federal officials. See Michigan Laws 324.3101
  • 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
  • New value: means money, money's worth in property, services, or new credit, or release by a transferee of an interest in property previously transferred to the transferee. See Michigan Laws 440.9102
  • 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.
  • Nonaquatic: describes a bird, insect other than a wiggler, or mammal. See Michigan Laws 324.41301
  • Noncash proceeds: means proceeds other than cash proceeds. See Michigan Laws 440.9102
  • Noncommunity water supply: means a public water supply that is not a community water supply, but that has not less than 15 service connections or that serves not less than 25 individuals on an average daily basis for not less than 60 days per year. See Michigan Laws 324.5402
  • Nongame fish: includes all kinds of fish except game fish. See Michigan Laws 324.48701
  • Nongame fish and wildlife: means fish or wild animals that are unconfined and not ordinarily taken for sport, fur, or food, and the habitat that supports them. See Michigan Laws 324.43901
  • Nonnative: means not native. See Michigan Laws 324.41301
  • Nonoceangoing vessel: means a vessel that is not an oceangoing vessel. See Michigan Laws 324.3101
  • Nonpoint source project: means construction activities designed to reduce nonpoint source pollution consistent with the state nonpoint source management plan under section 319 of the federal water pollution control act, 33 USC 1329. See Michigan Laws 324.5301
  • Nonprofit: means that which is exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501. See Michigan Laws 257.811d
  • Nonresident: means a person who is not a resident. See Michigan Laws 324.48701
  • Nonresident partner: means an individual, estate, or trust partner that is not a resident partner. See Michigan Laws 206.721
  • Notice: means a written or electronic record that informs a person of past or future action of the person generating the record. See Michigan Laws 24.205
  • NPLEx: means the national precursor log exchange. See Michigan Laws 28.122
  • 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.
  • Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation. See Michigan Laws 440.9102
  • Oceangoing vessel: means a vessel that operates on the Great Lakes or the St. See Michigan Laws 324.3101
  • Office: means the office of Hispanic/Latino affairs as created in section 4. See Michigan Laws 18.301
  • 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
  • Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoir. See Michigan Laws 324.43701
  • 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 vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Organization: means a person other than an individual. See Michigan Laws 440.1201
  • 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
  • Other services necessary: means recognized medical treatment, convalescent aids, supplies, and other equipment needed by the victim because of physical incapacity sustained as a direct result of the crime. See Michigan Laws 18.351.amended
  • Out-of-pocket loss: means the unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care, psychological counseling, replacement services, any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing, or other services necessary as a result of the injury upon which a claim is based. See Michigan Laws 18.351
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.36201
  • Partner: means a person that holds an interest directly or indirectly in a partnership or other flow-through entity. See Michigan Laws 206.721
  • Partnership: means an entity subject to taxation under subchapter K of the internal revenue code. See Michigan Laws 206.721
  • 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.
  • Partnership level audit: means an examination by the IRS at the partnership level pursuant to section 6221 to 6241 of the internal revenue code, which results in federal adjustments. See Michigan Laws 206.721
  • Party: means a person or agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a contested case. See Michigan Laws 24.205
  • Payment intangible: means a general intangible under which the account debtor's principal obligation is a monetary obligation. See Michigan Laws 440.9102
  • Permitted use: means any use expressly authorized within an agriculture conservation easement consistent with the farming operation or that does not adversely affect the productivity of the farmland. See Michigan Laws 324.36201
  • 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, corporation, association, governmental entity, or other legal entity. See Michigan Laws 259.7
  • Person: means an individual, sole proprietorship, partnership, corporation, or other legal entity. See Michigan Laws 257.1702
  • Person: means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case. See Michigan Laws 24.205
  • Person: means any individual, firm, partnership, association, and corporation. See Michigan Laws 3.161
  • 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 injury: means either of the following injuries:
  •   (i) Actual bodily harm, including pregnancy or death. See Michigan Laws 18.351.amended
  • Personal physical injury: means actual bodily harm and includes pregnancy. See Michigan Laws 18.351
  • Personal property: All property that is not real property.
  • Physically limited: means a temporary or permanent impairment or condition which causes a person to use a wheelchair; causes a person to walk with difficulty or insecurity; affects sight or hearing to the extent that a person is insecure or exposed to danger; or causes faulty coordination or reduces mobility, flexibility, coordination, or perceptiveness; and means persons who are limited in ambulation. See Michigan Laws 125.1351
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plans and specifications: means a true description or representation of the entire sewerage system and parts of a system as the sewerage system exists or is to be constructed, and also a full and fair statement of how the system is to be operated. See Michigan Laws 324.4101
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means a county, city, village, or township of this state, and any other political subdivision, public corporation, authority, or district in this state that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports, landing fields, and other aeronautical facilities. See Michigan Laws 259.7
  • Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104
  • Pollution control facilities: means water and air pollution control equipment and solid waste disposal facilities or any of them. See Michigan Laws 125.1252
  • Pre-effective-date financing statement: means a financing statement filed before the effective date of this amendatory act. See Michigan Laws 440.9801
  • 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.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary public safety answering point: means that term as defined in section 102 of the emergency telephone service enabling act, 1986 PA 32, MCL 484. See Michigan Laws 324.3101
  • Priority list: means the annual ranked listing of projects developed by the department in section 5303. See Michigan Laws 324.5301
  • Priority list: means the annual ranked listing of projects developed by the department in section 5406. See Michigan Laws 324.5403
  • private enterprise: means a business which provides goods or services and which is not a governmental entity. See Michigan Laws 17.51
  • 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.
  • 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
  • Processing of a rule: means the action required or authorized by this act regarding a rule that is to be promulgated, including the rule's adoption, and ending with the rule's promulgation. See Michigan Laws 24.205
  • Program: means the inland lake aquatic invasive plant species control and eradication program established in section 41402. See Michigan Laws 324.41401
  • Project: means a proposal to install within 1 general area a new wastewater collection system. See Michigan Laws 324.4101
  • Project: means a sewage treatment works project, stormwater management project, or nonpoint source project, or a combination of these and may include utilization of more efficient energy and resources as described in any of the following:
  •   (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5301
  • Project: means a project related to the planning, design, and construction or alteration of a waterworks system and may include utilization of more efficient energy and resources as described in any of the following:
  •   (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5403
  • Promissory note: means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. See Michigan Laws 440.9102
  • Proposal: means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 9620, 9621, and 9622. See Michigan Laws 440.9102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 domain: means all land owned by this state or land deeded to this state under state law. See Michigan Laws 324.301
  • Public facility: means a building, structure, or improved area utilized for purposes of education, employment, housing other than a privately owned 1 or 2 family dwelling, transportation, or recreation and for the purchase, rental, or acquisition of goods or services, which is not a facility used by the public as defined in subdivision (d), and which is:
  •   (i) Owned by, or on behalf of, the state or its political subdivisions. See Michigan Laws 125.1351
  • 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 organic record: means a record that is available to the public for inspection and is any of the following:
  •   (i) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record. See Michigan Laws 440.9102
  • Public utility: means a person, firm, or corporation engaged in the manufacture, production, generation, or distribution of electricity, steam heat, gas, or any combination thereof, for sale to the public. See Michigan Laws 125.1252
  • Public water supply: means a waterworks system that provides water for drinking or household purposes to persons other than the water supplier, except for those waterworks systems that supply water to only 1 house, apartment, or other domicile occupied or intended to be occupied on a day-to-day basis by an individual, family group, or equivalent. See Michigan Laws 324.5403
  • 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
  • Purchaser: means a person that takes by purchase. See Michigan Laws 440.1201
  • Quorum: The number of legislators that must be present to do business.
  • Racing event: means a motor vehicle race which is sanctioned by a nationally or internationally recognized racing organization, and includes preparations, practices, and qualifications for the race. See Michigan Laws 257.1702
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 440.1201
  • Record: means information that is inscribed on a paper or electronic medium. See Michigan Laws 24.205
  • record owner: means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 440.9102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered organization: means an organization organized solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. See Michigan Laws 440.9102
  • Registering authority: means the local law enforcement agency or sheriff's office having jurisdiction over the individual's residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction. See Michigan Laws 28.722
  • Registration jurisdiction: means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction. See Michigan Laws 28.722
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See Michigan Laws 440.1201
  • Replacement services: means homemaking tasks, child care, transportation, and other services previously performed by the victim that, because of the victim's injury, must temporarily or permanently be performed by a person other than the victim. See Michigan Laws 18.351
  • Reporting agency: means 1 of the following:
  •   (i) If property is seized by or forfeited to a local unit of government, that local unit of government. See Michigan Laws 28.117
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See Michigan Laws 440.1201
  • 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
  • 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.
  • Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 28.722
  • Resident: means that term as defined in section 18. See Michigan Laws 206.721
  • 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
  • Resident partner: means an individual, estate, or trust that is a resident for the relevant tax year. See Michigan Laws 206.721
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Reviewed year: means the tax year of a partnership that is subject to a partnership level audit from which a federal adjustment arises. See Michigan Laws 206.721
  • Right: includes remedy. See Michigan Laws 440.1201
  • 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
  • Secondary obligor: means an obligor to the extent that the obligor's obligation is secondary or the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Michigan Laws 440.9102
  • 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 agreement: means an agreement that creates or provides for a security interest. 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
  • Sediments: means any matter settled out of ballast water within a vessel. See Michigan Laws 324.3101
  • 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 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
  • Sewage sludge: means sewage sludge generated in the treatment of domestic sewage, other than only septage or industrial waste. See Michigan Laws 324.3101
  • Sewage sludge derivative: means a product for land application derived from sewage sludge that does not include solid waste or other waste regulated under this act. See Michigan Laws 324.3101
  • Sewage sludge distributor: means a person who applies, markets, or distributes, except at retail, a sewage sludge derivative. See Michigan Laws 324.3101
  • Sewage sludge generator: means a person who generates sewage sludge that is applied to land. See Michigan Laws 324.3101
  • Sewage treatment works project: means construction activities on any device or system for the treatment, storage, collection, conveyance, recycling, or reclamation of the sewage of a municipality, including combined sewer overflow correction and major rehabilitation of sewers. See Michigan Laws 324.5301
  • Sewerage system: means a system of pipes and structures including pipes, channels, conduits, manholes, pumping stations, sewage or waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally, actually used or intended for use by the public for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or other industrial liquid wastes that are capable of adversely affecting the public health. See Michigan Laws 324.4101
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Simple pumping station and force main: means the installation of a duplex pumping station and a force main with only 1 high point and of length of no more than 2,000 feet that is to be connected to an existing gravity collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.4101
  • Small diameter pressure sewer and grinder pumping station: means a single project that includes the installation of new pressure sewers totaling not more than 5,000 feet and not more than 25 grinder pumping stations with each grinder pumping station serving not more than 5 separate owners and that is to be connected to an existing gravity collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.4101
  • Software: means a computer program and any supporting information provided in connection with a transaction relating to the program. See Michigan Laws 440.9102
  • Solid waste disposal facilities: includes any and all buildings, plants, structures, equipment, or facilities and their appurtenances, together with lands or interest in lands therefor or a portion thereof, which qualify as solid waste disposal facilities under section 103(c)(4) of the federal internal revenue code. See Michigan Laws 125.1252
  • 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
  • Species: includes any subspecies of fish, plant life, or wildlife and any other group of fish, plants, or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed or cross-pollinate when mature. See Michigan Laws 324.36501
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 440.9102
  • 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 agency: means a department, board, commission, office, agency, authority, or other unit of state government. See Michigan Laws 2.161
  • State land use agency: means the department of agriculture and rural development. See Michigan Laws 324.36101
  • State water pollution control revolving fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5201
  • 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.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Stock: means game. See Michigan Laws 324.42701
  • Stormwater management project: means construction activities of a municipality on any device or system for the treatment, storage, recycling, or reclamation of storm water that is conveyed by a storm sewer that is separate from a sanitary sewer. See Michigan Laws 324.5301
  • Structure: means a structure as defined in section 2 of Act No. See Michigan Laws 125.1351
  • Student: means an individual enrolled on a full- or part-time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education. See Michigan Laws 28.722
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • supplier: means a municipality or its designated representative accepted by the director, a legal business entity, or any other person that owns a public water supply. See Michigan Laws 324.5403
  • Support: means actual monetary payments made by a victim or intervenor to or for a person principally dependent on the victim or intervenor. See Michigan Laws 18.351
  • 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
  • system: means a system of pipes and structures through which water is obtained or distributed and includes any of the following that are actually used or intended to be used for the purpose of furnishing water for drinking or household purposes:
  •   (i) Wells and well structures. See Michigan Laws 324.5403
  • Take: means , in reference to fish and wildlife, to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. See Michigan Laws 324.36501
  • Tangible chattel paper: means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. See Michigan Laws 440.9102
  • Taxpayer: means all of the following:
  •   (i) Any person subject to the taxes imposed by part 1. See Michigan Laws 206.721
  • teacher: as used in this act means a certificated individual employed for a full school year by any board of education or controlling board. See Michigan Laws 38.71
  • Temporary ordinance: means a type of local ordinance adopted by a political subdivision of this state under section 80112a that includes, but is not limited to, a local watercraft control or administrative rule. See Michigan Laws 324.80104
  • 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
  • Term: means a portion of an agreement that relates to a particular matter. See Michigan Laws 440.1201
  • Termination statement: means an amendment of a financing statement that identifies, by its file number, the initial financing statement to which it relates and indicates either that it is a termination statement or that the identified financing statement is no longer effective. See Michigan Laws 440.9102
  • termination statement: as used in this act mean those terms as defined in the uniform commercial code, 1962 PA 174, MCL 440. See Michigan Laws 257.58b
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this amendatory act: means the amendatory act that added this part. See Michigan Laws 440.9701
  • This amendatory act: means the amendatory act that added this part. See Michigan Laws 440.9801
  • This amended article: means this article as amended by this amendatory act. See Michigan Laws 440.9801
  • Threatened species: means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. See Michigan Laws 324.36501
  • Threshold reporting quantity: means that term as defined in R 324. See Michigan Laws 324.3101
  • Tiered partner: means any partner that is a partnership or other flow-through entity. See Michigan Laws 206.721
  • 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
  • Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 3.55
  • 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.
  • Transmitting utility: means a person primarily engaged in the business of 1 of the following:
  •   (i) Operating a railroad, subway, street railway, or trolley bus. See Michigan Laws 440.9102
  • Transportation administration collection fund: means the fund created under section 810b. See Michigan Laws 257.811d
  • Treasurer: means the treasurer of a township elected under chapter XVI of Act No. 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
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust fund: means the Michigan game and fish protection trust fund established in section 41 of article IX of the state constitution of 1963 and provided for in section 43702. See Michigan Laws 324.43701
  • Trust fund: means the Michigan nongame fish and wildlife trust fund established in section 42 of article IX of the state constitution of 1963 and provided for in section 43902. See Michigan Laws 324.43901
  • Trustee: means a trustee of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • 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
  • Unit of local government: means a political subdivision of this state, including school districts, community college districts, intermediate school districts, public school academies, cities, villages, townships, counties, and authorities, if the political subdivision has as its primary purpose the providing of local governmental service for citizens in a geographically limited area of the state and has the power to act primarily on behalf of that area. See Michigan Laws 2.161
  • Unitary business group: means that term as defined in section 611. See Michigan Laws 206.721
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Unrelated business activity: means that term as defined in section 611. See Michigan Laws 206.721
  • Use: means operate, navigate, or employ. See Michigan Laws 324.80104
  • Vehicle: means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.722
  • Venue: The geographical location in which a case is tried.
  • Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim: means a person who suffers a personal physical injury as a direct result of a crime. See Michigan Laws 18.351
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Vital resource: means a public or private building, facility, property, or location that the governor considers necessary to protect the public health, safety, and welfare of the citizens of this state. See Michigan Laws 32.505
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Volunteer agreement: means the contract entered into between the department and a Michigan cyber civilian corps volunteer or advisor under section 4. See Michigan Laws 18.222
  • Water and air pollution control equipment: includes buildings, plants, structures, facilities, and equipment and their appurtenances, together with lands or interest in lands therefor or a portion thereof, used or to be used as a change in manufacturing, production, generation, transmission, or distribution process to prevent, reduce, recover, remove, disperse, neutralize, control, or eliminate air or water pollution. See Michigan Laws 125.1252
  • 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
  • waterbody: means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and waters within the jurisdiction of this state including the Great Lakes bordering this state. See Michigan Laws 324.3302
  • 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 the state: means groundwaters, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the jurisdiction of this state. See Michigan Laws 324.3101
  • 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 324.80104
  • Wetland mitigation bank: means a site where wetlands are restored, created, or preserved for the purpose of doing both of the following:
  •   (i) To provide compensatory mitigation in accordance with the provisions of part 303, in advance of authorized, unavoidable impacts to wetlands. See Michigan Laws 324.5201
  • 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
  • Wildlife and fisheries: includes any member of the wild animal kingdom, including any mammal, bird, fish, reptile, amphibian, or invertebrate found in this state at any point in its natural life cycle. See Michigan Laws 324.43504
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes printing, typewriting, or any other intentional reduction to tangible form. See Michigan Laws 440.1201