Michigan Laws > Chapter 4 > Act 268 of 1986 – Legislative Council Act
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Terms Used In Michigan Laws > Chapter 4 > Act 268 of 1986 - Legislative Council Act
- Ad valorem general property tax: means taxes levied under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51101
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department. See Michigan Laws 4.351
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agricultural biomass: means residue and waste generated on a farm or by farm co-operative members from the production and processing of agricultural products, animal wastes, food processing wastes, or other materials as approved by the director. See Michigan Laws 324.14501
- Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.80101
- 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.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Applicable environmental requirement: means an applicable federal environmental requirement, an applicable state environmental requirement, or an environmental requirement established by a local unit of government. See Michigan Laws 324.1401
- Applicable federal environmental requirement: means any of the following:
(i) The federal water pollution control act, 33 USC 1251 to 1387. See Michigan Laws 324.1401Applicable state environmental requirement: means any of the following or a rule promulgated or permit, order, or other legally binding document issued under any of the following:
(i) Article II or chapter 1 or 3 of article III. See Michigan Laws 324.1401Application period: means the period beginning when an application for a permit is received by the state and ending when the application is considered to be administratively complete under section 1305 and any applicable fee has been paid. See Michigan Laws 324.1301 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 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. Articles: means the articles of incorporation of an authority. See Michigan Laws 324.901 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated equipment: means any of the following that are not radio equipment:
(i) An original system, part, or component of a personal watercraft at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement. See Michigan Laws 324.80201Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authority: means a joint city-state environmental management authority created pursuant to section 902. See Michigan Laws 324.901 Authority: means the Michigan forest finance authority created in section 50503. See Michigan Laws 324.50502 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. 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. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Board: means the board of foresters created in section 53505(1). See Michigan Laws 324.53501 Board: means the board of directors of the authority. See Michigan Laws 324.901 Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.1901 Board: means the board of directors of the Michigan forest finance authority, except where the context clearly requires a different definition. See Michigan Laws 324.50502 Boat: means a vessel. See Michigan Laws 324.80101 Boat livery: means that term as defined in section 44501. See Michigan Laws 324.80201 Boating safety certificate: means any of the following:
(i) The document issued by the department under part 802 that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80212. See Michigan Laws 324.80101Boating safety course: means a course that meets both of the following requirements:
(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996). See Michigan Laws 324.80201Bonds: means bonds of the authority issued as provided in this part. See Michigan Laws 324.50502 Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101 Bureau: means the legislative service bureau. See Michigan Laws 4.1102 by-product: means any material that is produced by, is incident to, or results from industrial, commercial, or governmental activity or any other activity or enterprise, that is determined to be liquid by method 9095 (paint filter liquids test) as described in "Test methods for evaluating solid wastes, physical/chemical methods" United States Environmental Protection Agency publication no. See Michigan Laws 324.12101 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10 Clean corporate citizen: means a facility that has demonstrated environmental stewardship and a strong environmental ethic by meeting the criteria in this part. See Michigan Laws 324.1401 commercial forestland: means forestland that is determined to be a commercial forest under section 51104. See Michigan Laws 324.51101 Commercial forestland: means commercial forestland that is enrolled under part 511. See Michigan Laws 324.51201 Commission: means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562 commission: means the environmental permit review commission established under section 1313(1). See Michigan Laws 324.1301 Commission: means the Michigan law revision commission. See Michigan Laws 4.1102 Commission: means the commission of natural resources. See Michigan Laws 324.301 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complainant: means a prisoner or legislator who files a complaint under section 4. See Michigan Laws 4.351 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Concession: means an agreement between the department and a person under terms and conditions as specified by the department to provide services or recreational opportunities for public use. See Michigan Laws 324.83101 Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation. Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval. confidential address: means that term as defined in section 3 of the address confidentiality program act. See Michigan Laws 28.291a Continuance: Putting off of a hearing ot trial until a later time. 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 324.80101 Conviction: A judgement of guilt against a criminal defendant. Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101 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. Corrections officer of the department of corrections: means a state correctional officer as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791. See Michigan Laws 28.421 Council: means the legislative council. See Michigan Laws 4.1102 Council: means the legislative council established under section 15 of article IV of the state constitution of 1963. See Michigan Laws 4.351 Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102 Dam: means an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water. See Michigan Laws 324.30101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. declassification: means the removal of the commercial forest designation pursuant to section 51116. See Michigan Laws 324.51101 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of natural resources. See Michigan Laws 324.53501 Department: means the department of natural resources. See Michigan Laws 324.80201 Department: means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit. See Michigan Laws 324.1301 Department: means the department of natural resources. See Michigan Laws 324.83101 Department: means the department of environment, Great Lakes, and energy. See Michigan Laws 324.14701 Department: means the department of environmental quality. See Michigan Laws 324.14721 Department: means the department of environmental quality. See Michigan Laws 324.12101 Department: means the department of environmental quality. See Michigan Laws 324.1401 Department: means the department of environmental quality. See Michigan Laws 324.14301 Department: means the department of environmental quality. See Michigan Laws 324.30101 Department: means the department of environmental quality. See Michigan Laws 324.14501 Department: means the department of treasury. See Michigan Laws 141.2103 Department: means the department of natural resources. See Michigan Laws 324.51201 Department: means the department of corrections. See Michigan Laws 4.351 Department: means the department of agriculture and rural development. See Michigan Laws 324.51301 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. Designated facility: means a treatment facility, storage facility, disposal facility, or reclamation facility that receives liquid industrial by-product from off-site. See Michigan Laws 324.12101 Devise: To gift property by will. Director: means the director of the department of natural resources. See Michigan Laws 324.80201 Director: means the director of the department. See Michigan Laws 324.83101 Director: means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director's designee. See Michigan Laws 324.1301 Director: means the director of the department or his or her designee. See Michigan Laws 324.1401 Director: means the director of the department of environmental quality. See Michigan Laws 324.14501 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Discharge: means the accidental or intentional spilling, leaking, pumping, releasing, pouring, emitting, emptying, or dumping of liquid industrial by-product into the land, air, or water. See Michigan Laws 324.12101 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Donor: The person who makes a gift. Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2 Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 4.1121 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Enhanced driver license: means an operator's or chauffeur's license issued to an individual under this act for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Enhanced official state personal identification card: means an official state personal identification card issued under this act to an individual who is a United States citizen who resides in this state for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Entitlement: 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. Environmental management system: means the part of an overall management system that addresses environmental concerns through allocating resources, assigning responsibilities, and evaluating practices, procedures, and processes to achieve sound environmental performance. See Michigan Laws 324.1401 Environmental policy: means a policy, signed by an authorized official of the facility, that does all of the following:
(i) Articulates the facility's environmental mission and values. See Michigan Laws 324.1401Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent exhibition: means an organized water event of limited duration that is conducted according to a prearranged schedule. See Michigan Laws 324.80104 Facility: means any of the following that is situated in this state and is subject to an applicable state environmental requirement or applicable federal environmental requirement:
(i) A source as defined in section 5501. See Michigan Laws 324.1401Facility: means all contiguous land and structures, other appurtenances, and improvements on land for treating, storing, disposing of, or reclamation of liquid industrial by-product. See Michigan Laws 324.12101 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. Felony: means , except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761. See Michigan Laws 28.421 Fiduciary: A trustee, executor, or administrator. Firearm: means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 28.421 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 Firearms records: means any form, information, or record required for submission to a government agency under sections 2, 2a, 2b, and 5b, or any form, permit, or license issued by a government agency under this act. See Michigan Laws 28.421 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Forbearance: A means of handling a delinquent loan. A Forest development fund: means the forest development fund created in section 50507. See Michigan Laws 324.53501 Forest management operations and practices: means activities related to the harvesting, reforestation, and other forest management, including, but not limited to, road access for silviculture activity and forest thinning, pest control, disease control, fertilization, forest protection, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 324.50502 Forest management plan: means a written plan prepared and signed by a registered forester or a natural resources professional that prescribes measures to optimize production, utilization, and regeneration of forest resources. See Michigan Laws 324.51101 Forest recreation account: means the forest recreation account of the Michigan conservation and recreation legacy fund provided for in section 2005. See Michigan Laws 324.83101 Forest recreation account: means the forest recreation account of the legacy fund provided for in section 2005. See Michigan Laws 324.2001 Forester: means an individual who, by reason of his or her knowledge of the natural sciences, mathematics, and the principles of forestry, acquired by forestry education and practical experience, is qualified to engage in the practice of professional forestry. See Michigan Laws 324.53501 Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and that meets all the following:
(i) Does not have material natural resources other than those resources suitable for forest growth or the potential for forest growth. See Michigan Laws 324.51101Forestland: means that term as defined in part 511. See Michigan Laws 324.51201 Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and the owner of which agrees to develop, maintain, and actively manage the land as a private forest through planting, natural reproduction, or other silvicultural practices. See Michigan Laws 324.51301 Former employing law enforcement agency: means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562 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 commercial forest fund created under section 51112. See Michigan Laws 324.51101 Fund: means the private forestland enhancement fund created in section 51305. See Michigan Laws 324.51301 Game and fish protection account: means the game and fish protection account of the legacy fund provided for in section 2010. See Michigan Laws 324.2001 Generator: means a person whose act or process produces liquid industrial by-product. See Michigan Laws 324.12101 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing entity: means either of the following, as applicable:
(i) For any public body except a public body described in subparagraph (ii), the governing board of the public body. See Michigan Laws 28.582Guardian: 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. Highly restricted personal information: includes an individual's photograph or image, Social Security number, digitized signature, and medical and disability information and source documents presented by an applicant to obtain a personal identification card under section 1. See Michigan Laws 28.291a Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.80104 Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101 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 initiate a service credit purchase: means to complete payment or to enter into a tax-deferred payment arrangement in a form and manner prescribed by the retirement system. See Michigan Laws 38.1379b 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 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. Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.80102Lawsuit: 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. 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 324.2001 Legal material: means any of the following:
(i) The state constitution of 1963. See Michigan Laws 4.1121Legislative council agencies: means the bureau, commission, and any other legislative council agency designated by the council. See Michigan Laws 4.1102 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislator: means a member of the senate or the house of representatives of this state. See Michigan Laws 4.351 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local corrections officer: means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791. See Michigan Laws 28.421 Local government agency: means a county, city, village, or township in this state. See Michigan Laws 28.302 local unit: means a municipality or county. See Michigan Laws 324.301 Majority leader: see Floor Leaders Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of boats or associated equipment. See Michigan Laws 324.80103Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of personal watercraft or associated equipment. See Michigan Laws 324.80201Marina: means a facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft. See Michigan Laws 324.30101 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 Marine safety act: means former Act No. See Michigan Laws 324.80103 Marine safety program: means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections. See Michigan Laws 324.80103 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 opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3 of the Michigan trust fund act, 2000 PA 489, MCL 12. See Michigan Laws 4.1850 Michigan state parks endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.1901 Michigan vehicle code: means Act No. See Michigan Laws 324.80103 Minority leader: See Floor Leaders Misdemeanor: means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to 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, or both. See Michigan Laws 28.421 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Motorboat: means a vessel propelled wholly or in part by machinery. See Michigan Laws 324.80103 Municipality: means a city, village, or township. See Michigan Laws 324.301 Natural resources professional: means a person who is acknowledged by the department as having the education, knowledge, experience, and skills to identify, schedule, and implement appropriate forest management practices needed to achieve the purposes of this part on land subject to or to be subject to this part. See Michigan Laws 324.51101 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. Nonindustrial private forestland: means a privately owned tract of land consisting of 20 or more acres, or the timber rights in the land if the timber rights have been severed, that has the productive capacity to grow on average not less than 20 cubic feet per acre per year and that meets either of the following conditions:
(i) For a tract of land that contains less than 40 acres, at least 80% of the land is occupied by forest tree species. See Michigan Laws 324.51301Notes: means notes of the authority issued as provided in this part, including commercial paper. See Michigan Laws 324.50502 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. Off-road vehicle account: means the off-road vehicle account of the legacy fund provided for in section 2015. See Michigan Laws 324.2001 Office: means the office of the legislative corrections ombudsman created under this act. See Michigan Laws 4.351 Official publisher: means :
(i) For the state constitution of 1963, the legislative service bureau. See Michigan Laws 4.1121Ombudsman: means the office of legislative corrections ombudsman. See Michigan Laws 4.351 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 Operate: means to be in control of a personal watercraft while the personal watercraft is under way and is not docked or at anchor or secured in another way. See Michigan Laws 324.80201 Operator: means the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103 Opioid advisory commission: means the opioid advisory commission created in section 851. See Michigan Laws 4.1850 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel. See Michigan Laws 324.80103 Owner: means a person who holds title to the surface estate of forestland subject to this part. See Michigan Laws 324.51101 panel: means a panel of the environmental permit review commission, appointed under section 1315(2). See Michigan Laws 324.1301 Parole or probation officer of the department of corrections: means any individual employed by the department of corrections to supervise felony probationers or parolees or that individual's immediate supervisor. See Michigan Laws 28.421 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. PBDE: means polybrominated diphenyl ether. See Michigan Laws 324.14721 Peace officer: means , except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Peace officer: means any law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.12102 Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or other legal entity. See Michigan Laws 324.80201 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 information: means information that identifies an individual, including the individual's photograph or image, name, address (but not the 5-digit zip code), driver license number, Social Security number, telephone number, digitized signature, and medical and disability information. See Michigan Laws 28.291a Personal information: means information that identifies an individual, including an individual's driver license number, name, address not including zip code, and telephone number, but does not include information on watercraft operation and equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.80104 Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number. See Michigan Laws 324.80301 Personal property: All property that is not real property. Personal use: means use for any noncommercial purpose. See Michigan Laws 324.51101 Personal watercraft: means a vessel that meets all of the following requirements:
(i) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion. See Michigan Laws 324.80201PFAS: means a perfluoroalkyl or polyfluoroalkyl substance. See Michigan Laws 324.14701 Pistol: means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm. See Michigan Laws 28.421 Plaintiff: The person who files the complaint in a civil lawsuit. plant: means a tree, bough, shrub, vine, or other native plant, or a part of a tree, bough, shrub, vine, or other native plant, listed in subsection (1). See Michigan Laws 324.52901 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, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104 Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80201 Pollution prevention: means eliminating or minimizing the initial generation of waste at the source, reuse of waste, or utilizing environmentally sound on-site or off-site recycling. See Michigan Laws 324.1403 Pollution prevention: means all of the following:
(i) "Source reduction" as defined in the pollution prevention act of 1990, subtitle G of title VI of the omnibus budget reconciliation act of 1990, Public Law 101-508, 42 U. See Michigan Laws 324.14301Pollution prevention: means all of the following:
(i) "Source reduction" as defined in 42 USC 13102. See Michigan Laws 324.14501Port: means left, and reference is to the port side of a vessel or to the left side of the vessel. See Michigan Laws 324.80104 Practice of professional forestry: means the science, art, and practice of creating, managing, using, planning and researching, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. See Michigan Laws 324.53501 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. primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7 Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 80176(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 80176(6), a local ordinance substantially corresponding to section 80176(6), a law of another state substantially corresponding to section 80176(6), or a law of the United States substantially corresponding to section 80176(6) may be used as a prior conviction other than for enhancement purposes as provided in section 80178a(1)(b). See Michigan Laws 324.80104Prisoner: means a person committed to or under the jurisdiction of the department. See Michigan Laws 4.351 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. Processing deadline: means the last day of the processing period. See Michigan Laws 324.1301 Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public body: means either of the following, within this state:
(i) A multicounty metropolitan district authorized and established pursuant to state law by 2 or more counties with a combined population of not less than 3,000,000, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks. See Michigan Laws 28.582Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Publicly owned treatment works: means any entity that treats municipal sewage or industrial waste or liquid industrial by-product that is owned by the state or a municipality, as that term is defined in 33 USC 1362. See Michigan Laws 324.12102 Purchaser: means a person who receives a pistol from another person by purchase or gift. See Michigan Laws 28.421 Qualified agricultural energy production system: means the structures, equipment, and apparatus to be used to produce a gaseous fuel from the noncombustive decomposition of agricultural biomass and the apparatus and equipment used to generate electricity or heat from the gaseous fuel or store the gaseous fuel for future generation of electricity or heat. See Michigan Laws 324.14501 qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10 Qualified forester: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 4.1121 Recreation improvement account: means the recreation improvement account of the legacy fund provided for in section 2020. See Michigan Laws 324.2001 Recreation passport fee: means a state park and state-operated public boating access site recreation passport fee paid under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.2001 Registered forester: means a forester registered under section 53509. See Michigan Laws 324.53501 Registered forester: means a person registered under part 535. See Michigan Laws 324.51101 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. reserve officer: means , except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act. See Michigan Laws 28.421 Residence address: means the place that is the settled home or domicile at which a person legally resides, which meets the definition of residence as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 28.291a Resident: means every person who resides in this state and establishes that he or she is legally present in the United States. See Michigan Laws 28.291a Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retired federal law enforcement officer: means an individual who was an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility was enforcing laws of the United States, who was required to carry a firearm in the course of his or her duties as a law enforcement officer, and who retired in good standing from his or her employment as a federal law enforcement officer. See Michigan Laws 28.421 retired law enforcement officer: means an individual who was a police officer or law enforcement officer who was licensed or certified as described in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 SAF: means Society of American Foresters. See Michigan Laws 324.53501 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecurity: means an evidence of debt such as a bond, note, contract, obligation, refunding obligation, certificate of indebtedness, or other similar instrument issued by a municipality, which pledges payment of the debt by the municipality from an identified source of revenue. See Michigan Laws 141.2103 Seller: means a person who sells or gives a pistol to another person. See Michigan Laws 28.421 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. 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 Shipping document: means a log, an invoice, a bill of lading, or other record, in either written or electronic form, that includes all of the following information:
(i) The name and address of the generator. See Michigan Laws 324.12102Silvicultural practices: means the management and manipulation of forest vegetation for the protection, growth, and enhancement of forest products. See Michigan Laws 324.51101 Small business: means a business that is not dominant in its field as described in 13 C. See Michigan Laws 324.14501 Snowmobile account: means the snowmobile account of the legacy fund provided for in section 2025. See Michigan Laws 324.2001 Solid waste: means solid waste as defined in part 115. See Michigan Laws 324.901 Specialty court program: means a program under any of the following:
(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 324.80104Standard driver license: means an operator's license or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.302 Standard official state personal identification card: means an official state personal identification card issued under 1972 PA 222, MCL 28. See Michigan Laws 28.302 Starboard: means right, and reference is to the starboard side of a vessel or to the right side of the vessel. See Michigan Laws 324.80104 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 4.1121 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 either the department or the governing body of the state park that is participating in an authority. See Michigan Laws 324.901 State court judge: means a judge of the district court, circuit court, probate court, or court of appeals or justice of the supreme court of this state who is serving either by election or appointment. See Michigan Laws 28.421 State court retired judge: means a judge or justice described in subdivision (q) who is retired, or a retired judge of the recorders court. See Michigan Laws 28.421 State forest: means those lands designated as state forests by the department. See Michigan Laws 324.83101 State forester: means that term as defined in section 50502. See Michigan Laws 324.53501 State forester: means an employee of the department who has a 4-year degree in forest management from an accredited college or university and experience in forest management and who is designated as the state forester by the director. See Michigan Laws 324.50502 State park improvement account: means the state park improvement account of the legacy fund provided for in section 2030. See Michigan Laws 324.2001 Statute: A law passed by a legislature. Storage: means the containment of liquid industrial by-product, on a temporary basis, in a manner that does not constitute disposal of the by-product. See Michigan Laws 324.12102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supplemental environmental project: means an environmentally beneficial project that an alleged violator agrees to undertake in settlement of an enforcement action, but which the alleged violator is not otherwise legally required to undertake. See Michigan Laws 324.1403 Surface impoundment: means a treatment facility, storage facility, or disposal facility or part of a treatment, storage, or disposal facility that is either a natural topographic depression, a human-made excavation, or a diked area formed primarily of earthen materials. See Michigan Laws 324.12102 Sustainable forest conservation easement: means a conservation easement described in section 2140 on commercial forestland that is approved by the department and meets all of the following:
(i) Is an easement granted in perpetuity to this state, a political subdivision of this state, or a charitable organization described in section 501(c)(3) of the internal revenue code, 26 USC 501, that also meets the requirements of section 170(h)(3) of the internal revenue code, 26 USC 170. See Michigan Laws 324.51201Sustainable forestry: means that term as defined in section 52501. See Michigan Laws 324.50502 Technical assistance: means direct on-site assistance provided to individuals. See Michigan Laws 324.51301 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 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Timber: means wood growth, mature or immature, growing or dead, standing or down. See Michigan Laws 324.51301 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. 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. Transportation: means the movement of liquid industrial by-product by air, rail, public or private roadway, or water. See Michigan Laws 324.12102 Transporter: means a person engaged in the off-site transportation of liquid industrial by-product by air, rail, public roadway, or water. See Michigan Laws 324.12102 Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any liquid industrial by-product, to neutralize the by-product, or to render the by-product safer to transport, store, or dispose of, amenable to recovery, amenable to storage, or reduced in volume. See Michigan Laws 324.12102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust fund: means the Michigan natural resources trust fund established in section 35 of article IX of the state constitution of 1963. See Michigan Laws 324.1901 Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101 Use: means operate, navigate, or employ. See Michigan Laws 324.80104 Use: means operate, navigate, or employ. See Michigan Laws 324.80201 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Vehicle: means a transport vehicle as defined by 49 C. See Michigan Laws 324.12102 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104 Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80201 village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Violation notice: means a written notice or formal enforcement action by the department, the United States environmental protection agency, or the enforcing agency of a local unit of government in response to a violation of an applicable environmental requirement. See Michigan Laws 324.1403 Violations committee: means the violations committee appointed under section 53505. See Michigan Laws 324.53501 Waste: means any environmental pollutant, waste, discharge, or emission, regardless of how it is regulated and regardless of whether it is released to the general environment or the workplace environment. See Michigan Laws 324.1403 Watercraft: means a contrivance used or designed for navigation on water, including a vessel, boat, motor vessel, steam vessel, vessel operated by machinery either permanently or temporarily affixed, scow, tugboat, or any marine equipment that is capable of carrying passengers, except a ferry. See Michigan Laws 324.80301 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 Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80201 Waterways account: means the waterways account of the legacy fund provided for in section 2035. See Michigan Laws 324.2001