Title AND CONSTRUCTION
Chapter I Definitions
Chapter II Courts
Chapter III Rights of Persons Accused
Chapter IV Arrest
Chapter V Bail
Chapter VI Examination of Offenders
Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial
Chapter VIIA
Chapter VIII Trials
Chapter IX Judgment and Sentence
Chapter X New Trials, Writs of Error and Bills of Exceptions
Chapter XI Probation
Chapter XIA Probation Swift and Sure Sanctions Act
Chapter XII Proceedings to Prevent Crime
Chapter XIII Proceedings for the Discovery of Crime
Chapter XIV Jurisdiction and Procedure of Justices’ Courts in Criminal Cases
Chapter XV Fees
Chapter XVI Miscellaneous Provisions
Chapter XVII Sentencing Guidelines

Terms Used In Michigan Laws > Chapters 760-777 > Act 175 of 1927 - The Code of Criminal Procedure

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Additional assistance: means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. See Michigan Laws 460.723
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1303
  • Affiliated transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, which has fully satisfied the requirements to join a regional transmission organization as determined by the federal energy regulatory commission, is engaged in this state in the transmission of electricity using facilities it owns that were transferred to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is not independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
  • Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592
  • Aircraft: means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259. See Michigan Laws 777.1
  • Airport rescue firefighter: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department who is certified under National Fire Protection Association standard no. See Michigan Laws 29.362
  • 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.
  • Anaerobic digester: means a device for optimizing the anaerobic digestion of biomass for the purpose of recovering biofuel for energy production. See Michigan Laws 460.933
  • Anaerobic digester energy system: means an anaerobic digester and the devices used to generate electricity or heat from biogas produced by the anaerobic digester or to store the biogas for the future generation of electricity or heat. See Michigan Laws 460.933
  • animal protection shelter: means an animal control shelter or animal protection shelter, respectively, registered with the department under section 6 of 1969 PA 287, MCL 287. See Michigan Laws 287.1102
  • 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
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Michigan Laws 460.1303
  • 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.
  • Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125. See Michigan Laws 460.1303
  • Applicable contract: means a contract for goods or services proposed or entered into by a qualified city or school district that either exceeds $750,000. See Michigan Laws 141.1633
  • Applicable regional transmission organization: means a nonprofit, member-based organization governed by an independent board of directors that serves as the regional transmission organization approved by the Federal Energy Regulatory Commission with oversight responsibility for the region that includes the provider's service territory. See Michigan Laws 460.1003
  • Applicant: means a wireless provider that submits an application described in this act. See Michigan Laws 460.1303
  • 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
  • Approximate location: means a strip of land at least 36 inches wide, but not wider than the width of the marked facility plus 18 inches on either side of the facility marks. See Michigan Laws 460.723
  • 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.
  • Assessment: means the amount levied against an owner of a transient facility within an assessment district computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.1432
  • Assessment: means the amount levied against an owner of a transient facility within an assessment district computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.1442
  • Assessment district: means a combination of 2 or more adjoining municipalities as described in a marketing program. See Michigan Laws 141.1432
  • Assessment district: means a municipality or a combination of municipalities as described in an event center financing program. See Michigan Laws 141.1442
  • Assessment revenues: means the money derived from the assessment, including any interest and penalties on the assessment, imposed by this act. See Michigan Laws 141.1432
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignee: means an individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred. See Michigan Laws 460.10h
  • Assistance: means that term as it is defined in part 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 141.1452
  • Attaching entity: means a public or private party or entity, other than the municipally owned electric utility, that, pursuant to an agreement with the municipally owned electric utility, places a wire or cable attachment on a nonauthority pole or related infrastructure within the communication space. See Michigan Laws 460.1303
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the Michigan settlement administration authority created under section 4. See Michigan Laws 141.1603
  • Authority pole: means a utility pole owned or operated by an authority and located in the ROW. See Michigan Laws 460.1303
  • 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.
  • Balanced budget: A budget in which receipts equal outlays.
  • 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.
  • Base state: means the state selected by a motor carrier according to the procedures established by the uniform program. See Michigan Laws 29.472
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • Biomass: means any organic matter that is not derived from fossil fuels, that can be converted to usable fuel for the production of energy, and that replenishes over a human, not a geological, time frame, including, but not limited to, all of the following:
  (i) Agricultural crops and crop wastes. See Michigan Laws 460.1003
  • Blasting: means changing the level or grade of land or rendering, tearing, demolishing, moving, or removing earth, rock, buildings, structures, or other masses or materials by seismic blasting or the detonation of dynamite or any other explosive agent. See Michigan Laws 460.723
  • Board: means the board of directors of a bureau. See Michigan Laws 141.1432
  • Board: means the wind energy resource zone board created under section 143. See Michigan Laws 460.1003
  • board: means the group of members democratically elected by the members of a cooperative electric utility to manage the business and affairs of the cooperative electric utility. See Michigan Laws 460.32
  • Board: means the board of directors of the authority. See Michigan Laws 141.1603
  • Board of trustees: means the board of trustees of a corporation created under or governed by this act. See Michigan Laws 331.1103
  • Breeding license: means the license granted under section 22b. See Michigan Laws 287.1102
  • Bureau: means a nonprofit corporation incorporated under the laws of this state existing solely to promote convention business and tourism within this state or a portion of this state and that complies with all of the following:
  •   (i) Has been actively engaged in promoting convention business and tourism for not less than 5 years. See Michigan Laws 141.1432
  • Business day: means Monday through Friday, excluding holidays observed by the notification system and posted on the notification system website. See Michigan Laws 460.723
  • Business hours: means from 7 a. See Michigan Laws 460.723
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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.
  • Caution zone: means the area within 48 inches of either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
  • Certificate: means a numbered document issued by the state fire marshal to a person who has obtained certification under this act. See Michigan Laws 29.362
  • Certificate: means a certificate of public convenience and necessity issued for a major transmission line under this act or issued for a transmission line under section 9. See Michigan Laws 460.562
  • Certification: means either of the following:
  •   (i) A determination by the state fire marshal that a person meets the certification requirements for a position within the fire service, as established by the council under this act. See Michigan Laws 29.362
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Chief administrative officer: means any of the following:
  •   (i) The manager of a village or, if a village does not employ a manager, the president of the village. See Michigan Laws 141.1542
  • Circuit court: includes a unified trial court having jurisdiction over probationers. See Michigan Laws 771A.2
  • City: means a city establishing a corporation incorporated under, or governed by, this act. See Michigan Laws 331.1103
  • City public hospital: means a health care facility that is owned or operated by a city. See Michigan Laws 331.1103
  • Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
  • Clerk: means the clerk of the municipality. See Michigan Laws 141.1442
  • Colocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. See Michigan Laws 460.1305
  • Commission: means the Michigan public service commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.723
  • Commission: means the Michigan public service commission. See Michigan Laws 460.1003
  • Commission: means the Michigan public service commission in the department of consumer and industry services. See Michigan Laws 460.10h
  • Commission: means the Michigan public service commission. See Michigan Laws 460.32
  • Commission: means the public service commission. See Michigan Laws 460.111
  • commission: when used in this act, means the Michigan public utilities commission or such other state governmental agency as may exercise the powers now conferred upon said commission. See Michigan Laws 460.501
  • Commission: means the Michigan public service commission. See Michigan Laws 460.562
  • Commission: means the Michigan public service commission. See Michigan Laws 460.592
  • commission: means a financial review commission created in section 4. See Michigan Laws 141.1633
  • Commission: means the propane commission created in section 3. See Michigan Laws 460.622
  • common carrier: as used in this act shall be construed to mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever who now or may hereafter own, operate, manage or control as a common carrier in this state, any railroad or part of any railroad, whether operated by steam, electricity or other motive power, or cars or any other equipment used thereon, or bridges, switches, spurs, tracks, sidetracks, terminal facilities, or any docks, wharves or storage elevators used in connection therewith or any kind of terminal facilities used or necessary in the transportation of persons or property designated herein, and also all freight depots, yards and grounds used or necessary for the transportation or delivery of any said property and whether the same are owned by said railroad or otherwise; or any express company, car loaning companies, freight or freight line companies and all associations or persons, whether incorporated or otherwise, that shall do business as common carriers upon or over any line of railroads in this state, or any common carrier engaged in the transportation of passengers and property wholly by rail or partly by rail and partly by water. See Michigan Laws 462.3
  • 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.
  • Communication space: means that term as defined in the "National Electric Safety Code" published by the Institute of Electrical and Electronics Engineers. See Michigan Laws 460.1305
  • Communications facility: means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service. See Michigan Laws 460.1305
  • Communications service: means service provided over a communications facility, including cable service as defined in 47 USC 522, information service as defined in 47 USC 153, telecommunications service as defined in 47 USC 153, or wireless service. See Michigan Laws 460.1305
  • Community water supply: means that term as it is defined in part 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 141.1452
  • Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means any substantial action constituting placement or erection of the foundations or structures supporting a transmission line. See Michigan Laws 460.1141
  • Construction: means any substantial action taken on a route constituting placement or erection of the foundations or structures supporting a transmission line. See Michigan Laws 460.562
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution agreement: means the contribution agreement in substantially the form included with the city of Detroit's plan for adjustment. See Michigan Laws 141.1603
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: includes any of the following:
  •   (i) Assignment to youthful trainee status under section 11 to 15 of chapter II. See Michigan Laws 777.50
  • cooperative electric utility: means an electric utility organized as a cooperative corporation under section 98 to 109 of 1931 PA 327, MCL 450. See Michigan Laws 460.32
  • Cooperative electric utility: means either of the following:
  •   (i) An electric cooperative organized as a cooperative corporation under section 98 to 109 of 1931 PA 327, MCL 450. See Michigan Laws 460.592
  • Corporation: means a municipal health facilities corporation incorporated under this act or created under 1913 PA 350, MCL 331. See Michigan Laws 331.1103
  • 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.
  • Corporation obligation: means a bond, note, or any other legal instrument issued by a corporation or subsidiary corporation under chapter 4 that evidences indebtedness of a corporation or a subsidiary corporation, including principal, interest, and premiums, if any, on that indebtedness. See Michigan Laws 331.1103
  • Council: means the firefighters training council created under section 3. See Michigan Laws 29.362
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Countercyclical budget and economic stabilization fund: means the countercyclical budget and economic stabilization fund created in section 351 of the management and budget act, 1984 PA 431, MCL 18. See Michigan Laws 141.1603
  • County: means a county establishing a corporation incorporated under, or governed by, this act. See Michigan Laws 331.1103
  • County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 761.1
  • County public hospital: means a public corporation organized and existing or purportedly organized and existing under1913 PA 350, MCL 331. See Michigan Laws 331.1103
  • County road commission: means that term as defined in section 19b of 1909 PA 283, MCL 224. See Michigan Laws 460.1305
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Creditor: means either of the following:
  •   (i) An entity that has a noncontingent claim against a local government that arose at the time of or before the commencement of the neutral evaluation process and whose claim represents at least $5,000,000. See Michigan Laws 141.1542
  • Customer meter: means an electric meter of a provider's retail customer. See Michigan Laws 460.1003
  • Dairy product: means all of the following:
  •   (i) Dairy product as that term is defined in section 12 of the manufacturing milk law of 2001, 2001 PA 267, MCL 288. See Michigan Laws 289.822
  • Damage: means any impact upon or exposure of an underground facility requiring its repair or replacement due to weakening, partial destruction, or complete destruction of the facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing of the facility. See Michigan Laws 460.723
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debtor: means a local government that is authorized to proceed under chapter 9 by this act and that meets the requirements of chapter 9. See Michigan Laws 141.1542
  • 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.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the department of energy, labor, and economic growth. See Michigan Laws 460.911
  • Department: means the department of agriculture and rural development. See Michigan Laws 287.1102
  • Department: means the department of environmental quality. See Michigan Laws 141.1452
  • Department: means the department of commerce. See Michigan Laws 460.111
  • Department: means the department of agriculture and rural development. See Michigan Laws 460.622
  • Department: means the department of environmental quality. See Michigan Laws 29.472
  • Dependent: A person dependent for support upon another.
  • 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.
  • Design ticket: means a communication to the notification system in which a request for information regarding underground facilities for predesign, design, or advance planning purposes, but not marking for excavation or blasting, is made under the procedures described in section 6a. See Michigan Laws 460.723
  • Devise: To gift property by will.
  • Dig notice: means a communication to the notification system by an excavator providing notice of intended excavation or blasting activity as required by this act. See Michigan Laws 460.723
  • Director: means the chief executive officer of the Michigan economic development corporation or his or her designee. See Michigan Laws 141.1432
  • Director: means the director of the department. See Michigan Laws 460.622
  • Discharge date: means the date an individual is discharged from the jurisdiction of the court or the department of corrections after being convicted of or adjudicated responsible for a crime or an act that would be a crime if committed by an adult. See Michigan Laws 777.50
  • 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:
  • Distributed generation program: means the program established by the commission under section 173. See Michigan Laws 460.1003
  • District: means a district created under a property assessed clean energy program by a local unit of government that lies within the local unit of government's jurisdictional boundaries. See Michigan Laws 460.933
  • District: means a district created under a clean energy program by a municipality. See Michigan Laws 460.963
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Education: means any action to provide propane consumers or members of the propane industry with information regarding the safe use and handling of propane, the proper use and handling of propane equipment, and the proper mechanical and technical practices when using and handling propane. See Michigan Laws 460.622
  • Electric provider: means any of the following:
  •   (i) Any person or entity that is regulated by the commission for the purpose of selling electricity to retail customers in this state. See Michigan Laws 460.1005
  • electric utility: means any person or entity whose rates are regulated by the commission for the purpose of selling electricity to retail customers in this state. See Michigan Laws 460.1171
  • Electric utility: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.10h
  • Electric utility: means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460. See Michigan Laws 460.32
  • Electric utility: means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460. See Michigan Laws 460.562
  • Electric utility: means any of the following:
  •   (i) An electric utility as that term is defined in section 10h of 1939 PA 3, MCL 460. See Michigan Laws 460.592
  • Eligible electric generator: means a methane digester or renewable energy system with a generation capacity limited to the customer's electric need and that does not exceed the following:
  •   (i) For a renewable energy system, 150 kilowatts of aggregate generation at a single site. See Michigan Laws 460.1005
  • 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
  • Emergency: means a sudden or unforeseen occurrence, including a government-declared emergency, involving a clear and imminent danger to life, health, or property, or imminent danger to the environment, that requires immediate correction in order to restore or to prevent the interruption of essential governmental services, utility services, or the blockage of public transportation and that requires immediate excavation or blasting. See Michigan Laws 460.723
  • Emergency manager: means an emergency manager appointed under section 9. See Michigan Laws 141.1542
  • Emergency notice: means a communication to the notification system to alert the facility owners or facility operators of the urgent need for marking the location of a facility due to an emergency. See Michigan Laws 460.723
  • Energy conservation: means the reduction of customer energy use through the installation of measures or changes in energy usage behavior. See Michigan Laws 460.1005
  • Energy efficiency: means a decrease in customer consumption of electricity or natural gas achieved through measures or programs that target customer behavior, equipment, devices, or materials without reducing the quality of energy services. See Michigan Laws 460.1005
  • Energy efficiency improvement: means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:
  •   (i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.933
  • Energy efficiency improvement: means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:
  •   (i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.963
  • Energy project: means the installation or modification of an energy efficiency improvement or the acquisition, installation, or improvement of a renewable energy system or anaerobic digester energy system. See Michigan Laws 460.933
  • Energy project: means the installation or modification of an energy efficiency improvement or the acquisition, installation, or improvement of a renewable energy system. See Michigan Laws 460.963
  • Energy project: means the installation or modification of an energy waste reduction improvement or the acquisition, installation, or improvement of a renewable energy system. See Michigan Laws 460.1201
  • Energy star: means the voluntary partnership among the United States Department of Energy, the United States Environmental Protection Agency, product manufacturers, local utilities, and retailers to help promote energy efficient products by labeling with the energy star logo, educate consumers about the benefits of energy efficiency, and help promote energy efficiency in buildings by benchmarking and rating energy performance. See Michigan Laws 460.1005
  • Energy waste reduction improvement: means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:
  •   (i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.1201
  • Energy waste reduction plan: means a plan under section 71. See Michigan Laws 460.1005
  • Entity: means a partnership, nonprofit or business corporation, limited liability company, labor organization, or any other association, corporation, trust, or other legal entity. See Michigan Laws 141.1542
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event center: means all or any part, or any combination of convention halls, auditoriums, stadiums, music halls, arenas, meeting rooms, exhibit areas, and related public areas owned by a municipality or related event center authority. See Michigan Laws 141.1442
  • Event center financing program: means a program established by a municipality to plan, develop, design, and construct an event center. See Michigan Laws 141.1442
  • Event center financing program notice: means the notice described in section 3. See Michigan Laws 141.1442
  • 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.
  • Excavation: means moving, removing, or otherwise displacing earth, rock, or other material below existing surface grade with power tools or power equipment, including, but not limited to, grading, trenching, tiling, digging, drilling, boring, augering, tunneling, scraping, cable or pipe plowing, and pile driving; and wrecking, razing, rending, moving, or removing a structure or mass of materials. See Michigan Laws 460.723
  • Excavator: means any person performing excavation or blasting. See Michigan Laws 460.723
  • Executive secretary: means the executive secretary of the council. See Michigan Laws 29.362
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means an indoor or outdoor cage, pen, or similar enclosure where a large carnivore is kept. See Michigan Laws 287.1102
  • Facility operator: means a person that controls the operation of a facility. See Michigan Laws 460.723
  • Facility owner: means a person that owns a facility. See Michigan Laws 460.723
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 460.723
  • Farming operations: means plowing, cultivating, planting, harvesting, and similar operations routine to most farms and that are performed on a farm. See Michigan Laws 460.723
  • FCC: means the Federal Communications Commission. See Michigan Laws 460.1305
  • federal act: means Public Law 725 of the 79th Congress, approved August 13, 1946, known as the hospital survey and construction act. See Michigan Laws 331.502
  • Federal approval: means approval by the applicable regional transmission organization or other Federal Energy Regulatory Commission-approved transmission planning process of a transmission project that includes the transmission line. See Michigan Laws 460.1005
  • Federal bankruptcy code: means the federal bankruptcy code, 11 USC 101 to 1532. See Michigan Laws 141.1633
  • Federal law enforcement officer: means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is enforcing laws of the United States. See Michigan Laws 761.1
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee: means a nonrecurring charge for services. See Michigan Laws 460.1305
  • Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1
  • Felony: means a violation of the laws of this state, another state, or the United States that is designated as a felony. See Michigan Laws 29.362
  • Fiduciary: A trustee, executor, or administrator.
  • Financial and operating plan: means a written financial and operating plan for a local government under section 11, including an educational plan for a school district. See Michigan Laws 141.1542
  • Financial institution: means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, or credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States. See Michigan Laws 460.622
  • Financing order: means an order of the commission approving the issuance of securitization bonds and the creation of securitization charges and any corresponding utility rate reductions. See Michigan Laws 460.10h
  • Financing party: means a holder of securitization bonds, including trustees, collateral agents, and other persons acting for the benefit of the holder. See Michigan Laws 460.10h
  • Fire alarm system: means an assemblage of components that indicates or provides a warning of a fire emergency, installation of which is required by the bureau under rules promulgated under section 3c. See Michigan Laws 29.1
  • Fire chief: means the individual who serves as the administrative head of an organized fire department. See Michigan Laws 29.362
  • Fire inspector: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department whose job description, duties, or responsibilities include, or who is in a capacity that includes responsibility for, inspecting property for fire code violations and enforcing the general fire codes of the jurisdiction that he or she serves. See Michigan Laws 29.362
  • Fire instructor: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department, or other individual who is certified to instruct 1 or more council-approved fire service training programs. See Michigan Laws 29.362
  • Fire investigator: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department who is certified under National Fire Protection Association standard no. See Michigan Laws 29.362
  • Fire officer: means a current member of an organized fire department or public safety department assigned a rank above firefighter who is responsible for, or is in a capacity that includes responsibility for, performing supervisory or management responsibilities of an emergency or nonemergency nature within his or her organized fire department or public safety department. See Michigan Laws 29.362
  • Fire service: means the engaging in the directing or management of emergency response activities, fire safety prevention inspection, plans examination, fire investigation, hazardous material response, technical rescue response, airport rescue response, airport rescue firefighting, fire service instruction, and the enforcement of the general fire laws of this state and the communities therein by fire service members and organized fire departments and public safety departments. See Michigan Laws 29.362
  • Fire service discipline: means each of the respective certifiable fire service positions included under this act. See Michigan Laws 29.362
  • Fire suppression system: means an integrated combination of a fire alarm system and fire suppression equipment that, as a result of predetermined temperature, rate of temperature rise, products of combustion, flame, or human intervention, will discharge a fire extinguishing substance over a fire area, installation of which is required by the bureau under rules promulgated under section 3c. See Michigan Laws 29.1
  • 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
  • Firefighter: means that term as defined in section 2 of the firefighters training council act, 1966 PA 291, MCL 29. See Michigan Laws 29.331
  • Firefighter: means a member of an organized fire department or public safety department who is responsible for, or is in a capacity that includes responsibility for, the extinguishment of fires, the directing of the extinguishment of fires, the directing or management of emergency response activities, fire safety prevention inspection, plans examination, fire investigation, hazardous materials response, technical rescue response, airport rescue response, airport rescue firefighting, fire service instruction, and the enforcement of the general fire laws of this state and the community where he or she serves. See Michigan Laws 29.362
  • Firefighter training: means an education or training program including a program eligible to receive funding from the fireworks safety fund created in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28. See Michigan Laws 29.362
  • Firm: means a sole proprietorship, partnership, association, or corporation. See Michigan Laws 29.1
  • 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
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. 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
  • Full-time: means employment during which an individual works scheduled shifts, is paid for all hours he or she works, and works sufficient hours weekly to be classified as a full-time employee by the applicable employing political subdivision. See Michigan Laws 29.362
  • Fund: means the energy efficiency and renewable energy revolving loan fund created in section 2. See Michigan Laws 460.911
  • fund: means the settlement administration fund created in section 7. See Michigan Laws 141.1603
  • Fund: means the environmental pollution prevention fund created in section 11130 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 29.472
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gas cost recovery clause: means an adjustment clause in the rates or rate schedule of a gas utility which permits the monthly adjustment of rates for gas in order to allow the utility to recover the booked costs of gas sold by the utility if incurred under reasonable and prudent policies and practices. See Michigan Laws 460.6h
  • Gas cost recovery factor: means that element of the rates to be charged for gas service to reflect gas costs incurred by a gas utility and made pursuant to a gas cost recovery clause incorporated in the rates or rate schedules of a gas utility. See Michigan Laws 460.6h
  • Gasification facility: means a facility located in this state that, using a thermochemical process that does not involve direct combustion, produces synthesis gas, composed of carbon monoxide and hydrogen, from carbon-based feedstocks (such as coal, petroleum coke, wood, biomass, hazardous waste, medical waste, industrial waste, and solid waste, including, but not limited to, municipal solid waste, electronic waste, and waste described in section 11514 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 460.1007
  • General rate case: means a proceeding before the commission in which interested parties are given notice and a reasonable opportunity for a full and complete hearing on a utility's total cost of service and all other lawful elements properly to be considered in determining just and reasonable rates. See Michigan Laws 460.6h
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • 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: means participation by an interested party or a local government representative in the neutral evaluation process with the intent to negotiate a resolution of the issues that are the subject of the neutral evaluation process, including the timely provision of complete and accurate information to provide the relevant participants through the neutral evaluation process with sufficient information, in a confidential manner, to negotiate the readjustment of the local government's debt. See Michigan Laws 141.1542
  • Governing body: means the board charged with the governing of the incorporating unit. See Michigan Laws 331.33
  • Governing body: means the county board of commissioners of a county, the township board of a township, or the council or other similar elected legislative body of a city or village. See Michigan Laws 460.933
  • Governing body: means the township board of a township or the council or other similar elected legislative body of a city or village. See Michigan Laws 460.963
  • Governmental agency: means the state and its political subdivisions, including counties, townships, cities, villages, or any other governmental entity. See Michigan Laws 460.723
  • Governmental unit: means a governmental unit as defined in section 3 of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 141.1452
  • Grain: means dry edible beans, soy beans, small grains, cereal grains, corn, grass seeds, hay, and legume seeds in a raw or natural state. See Michigan Laws 289.822
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hazardous materials: means any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any chemical substance, compound, mixture, or material defined as, designated as, or listed as hazardous under federal or state law or regulations. See Michigan Laws 29.362
  • Hazardous materials: means any of the following:
  •   (i) "Hazardous waste" as that term is defined in section 11103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 29.472
  • Hazardous materials responder: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department who is certified under National Fire Protection Association standard no. See Michigan Laws 29.362
  • Hazardous materials response: means any response to an event involving any chemical, substance, compound, mixture, or other material defined as, designated as, listed as, or having the same characteristics as any substance, compound, mixture, or material defined as, designated as, or listed as hazardous under federal or state law or regulation. See Michigan Laws 29.362
  • Health care facilities: means buildings, structures, or equipment suitable and intended for, or incidental or ancillary to, use in providing health services, including, but not limited to, hospitals; hospital long-term care units; infirmaries; sanatoria; nursing homes; medical care facilities; outpatient clinics; ambulatory care facilities; surgical and diagnostic facilities; hospices; clinical laboratories; shared service facilities; laundries; meeting rooms; classrooms and other educational facilities; students', nurses', interns', or physicians' residences; administration buildings; facilities for use as or by health maintenance organizations; facilities for ambulance operations, advanced mobile emergency care services, and limited advanced mobile emergency care services; research facilities; facilities for the care of dependent children; maintenance, storage, and utility facilities; parking lots and structures; garages; office facilities not less than 80% of the net leasable space of which is intended for lease to or other use by direct providers of health care; facilities for the temporary lodging of outpatients or families of patients; residential facilities for use by the aged or disabled; and all necessary, useful, or related equipment, furnishings, and appurtenances and all lands necessary or convenient as sites for the health care facilities described in this subdivision. See Michigan Laws 331.1103
  • Health facility or agency: means that term as defined in article 17 of the public health code, Act No. See Michigan Laws 29.411
  • Health services: means 1 or more of the following:
  •   (i) Diagnosis and medical and surgical treatment by direct providers of health care of persons suffering from illness, injury, and disability, including persons suffering from tuberculosis and other contagious and infectious diseases, and persons requiring maternity care, rehabilitation, psychiatric care, or substance abuse services; dentistry and related services; podiatric medicine and surgery; optometric services; psychological services; skilled, basic, and visiting nursing services and home health services; ambulance operations; advanced mobile emergency care services and limited advanced emergency services; physical, respiratory, and occupational therapy; health maintenance services; services for the prevention of illness, injury, and disability and for the promotion, maintenance, and improvement of public health and welfare; food services and care for dependent children, the disabled, and the elderly; and social work and chaplaincy services provided in conjunction with other health services described in this subparagraph. See Michigan Laws 331.1103
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High-voltage transmission line: means a line used to transmit electricity and all associated structures, equipment, facilities, and other personal property necessary to transfer electricity over the line at a system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.592
  • Historic district: means a historic district established under section 3 of the local historic districts act, 1970 PA 169, MCL 399. See Michigan Laws 460.1305
  • Home energy audit: means an evaluation of the energy performance of a residential structure, by a qualified person using building-performance diagnostic equipment and complying with American national standards institute approved home energy audit standards, that meets both of the following requirements:
  •   (i) Determines how best to optimize energy performance while maintaining or improving human comfort, health, and safety and the durability of the structure. See Michigan Laws 460.963
  • Home energy audit: means an evaluation of the energy performance of a residential structure that meets all of the following requirements:
  •   (i) Is performed by a qualified person using building-performance diagnostic equipment. See Michigan Laws 460.1201
  • Homicide: means any crime in which the death of a human being is an element of that crime. See Michigan Laws 777.1
  • hospital: means a public or nonpublic corporation, association, institution, or establishment located within this state for the care of the sick or wounded or of those who require medical treatment or nursing care or home for the aged or which provides retirement housing facilities described in subdivision (f)(iii) operated without profit to an individual, corporation, or association. See Michigan Laws 331.33
  • Hospital: includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, out-patient departments, nurses' home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. See Michigan Laws 331.502
  • Hospital facilities: means any of the following:
  •   (i) A building or structure suitable and intended for, or incidental or ancillary to, use by a hospital and includes nursing homes, homes for the aged, outpatient clinics, laboratories, laundries, nurses', doctors', or interns' residences, administration buildings, facilities for research directly involved with hospital care, maintenance, storage, or utility facilities, parking lots, and garages and all necessary, useful, or related equipment, furnishings, and appurtenances and all lands necessary or convenient as a site for these facilities. See Michigan Laws 331.33
  • Hospital loan: means a loan made by the state authority or a local authority to a hospital. See Michigan Laws 331.33
  • 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 odorized propane into this state by motor vehicle, marine vessel, pipeline, or any other means. See Michigan Laws 460.622
  • 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
  • Incorporating unit: means a county, city, village, or township or a combination of 1 or more counties, cities, villages, or townships incorporating a local authority pursuant to this act. See Michigan Laws 331.33
  • Incremental costs of compliance: means the net revenue required by an electric provider to comply with the renewable energy standard, calculated as provided under section 47. See Michigan Laws 460.1007
  • Incumbent electric transmission company: means an electric utility, affiliated transmission company, or independent transmission company that owns a high-voltage transmission line in this state on or after the effective date of this act. See Michigan Laws 460.592
  • 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
  • Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1305
  • Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1007
  • Independent transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
  • Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592
  • Indictment: means 1 or more of the following:
  •   (i) An indictment. See Michigan Laws 761.1
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industry association: means the Michigan Propane Gas Association, a nonprofit corporation of this state. See Michigan Laws 460.622
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution of higher education: means a college or university described in section 4, 5, or 6 of article VIII of the state constitution of 1963 or a junior college or community college established pursuant to section 7 of article VIII of the state constitution of 1963. See Michigan Laws 29.411
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Integrated gasification combined cycle facility: means a gasification facility that uses a thermochemical process, including high temperatures and controlled amounts of air and oxygen, to break substances down into their molecular structures and that uses exhaust heat to generate electricity. See Michigan Laws 460.1007
  • Integrated pyrolysis combined cycle facility: means a pyrolysis facility that uses exhaust heat to generate electricity. See Michigan Laws 460.1007
  • 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
  • Interested party: means a trustee, a committee of creditors, an affected creditor, an indenture trustee, a pension fund, a bondholder, a union that under its collective bargaining agreements has standing to initiate contract negotiations with the local government, or a representative selected by an association of retired employees of the public entity who receive income or benefits from the public entity. See Michigan Laws 141.1542
  • Interested persons: means the attorney general, the technical staff of the commission, any intervenor admitted to 1 of the utility's 2 previous general rate cases, any intervenor admitted to 1 of the utility's 2 previous reconciliation hearings, or any association of utility customers which meets the requirements to intervene in a reconciliation hearing under the rules of practice and procedure of the commission as applicable. See Michigan Laws 460.6h
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint agency: means that term as defined in section 3 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460. See Michigan Laws 460.592
  • Judicial district: means the following:
  •   (i) With regard to the circuit court, the county. See Michigan Laws 761.1
  • 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: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1
  • Juvenile adjudication: includes an adjudication set aside under section 18e of chapter XIIA of 1939 PA 288, MCL 712A. See Michigan Laws 777.50
  • Juvenile facility: means a county facility, an institution operated as an agency of the county or family division of the circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803. See Michigan Laws 761.1
  • Large carnivore: means either of the following:
  •   (i) Any of the following cats of the Felidae family, whether wild or captive bred, including a hybrid cross with such a cat:
      (A) A lion. See Michigan Laws 287.1102
  • Law: means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. See Michigan Laws 460.1307
  • 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
  • LEED: means the leadership in energy and environmental design green building rating system developed by the United States Green Building Council. See Michigan Laws 460.1007
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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.
  • Load management: means measures or programs that target equipment or behavior to result in decreased peak electricity demand such as by shifting demand from a peak to an off-peak period. See Michigan Laws 460.1007
  • Local authority: means a public municipal corporation incorporated under this act. See Michigan Laws 331.33
  • Local emergency financial assistance loan board: means the local emergency financial assistance loan board created under section 2 of the emergency municipal loan act, 1980 PA 243, MCL 141. See Michigan Laws 141.1542
  • Local government: means a municipal government or a school district. See Michigan Laws 141.1542
  • Local government representative: means the person or persons designated by the governing body of the local government with authority to make recommendations and to attend the neutral evaluation process on behalf of the governing body of the local government. See Michigan Laws 141.1542
  • Local governmental unit: means a county, city, or village. See Michigan Laws 331.1103
  • Local inspector: means a certified forensic accountant, certified public accountant, attorney, or similarly credentialed person whose responsibility it is to determine the existence of proper internal and management controls, fraud, criminal activity, or any other accounting or management deficiencies. See Michigan Laws 141.1542
  • Local unit of government: means a county, township, city, or village. See Michigan Laws 460.933
  • Long-term firm gas transportation: means a binding agreement entered into between the electric utility and a natural gas transmission provider for a set period of time to provide firm delivery of natural gas to an electric generation facility. See Michigan Laws 460.6j
  • Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1
  • major controlled substance offense: means either or both of the following:
  •   (a) A violation of section 7401(2)(a) of the public health code, Act No. See Michigan Laws 761.2
  • Major transmission line: means a transmission line of 5 miles or more in length wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company through which electricity is transferred at system bulk supply voltage of 345 kilovolts or more. See Michigan Laws 460.562
  • Majority leader: see Floor Leaders
  • Make-ready work: means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines. See Michigan Laws 460.1307
  • Marketing program: means a program established by a bureau to develop, encourage, solicit, and promote regional convention business and tourism within this state or a portion of this state within which the bureau operates. See Michigan Laws 141.1432
  • Marketing program notice: means the notice described in section 3. See Michigan Laws 141.1432
  • marking: means the temporary identification on the surface grade of the location of a facility in response to a ticket as described in section 7. See Michigan Laws 460.723
  • Master plan: means the comprehensive, long-range master plan developed by the Michigan travel commission and the travel bureau under section 2c of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.1432
  • Member: means a person, partnership, corporation, association, or other legal entity that purchases electricity from a cooperative electric utility as a member of the cooperative. See Michigan Laws 460.32
  • member: means a person described in subdivision (a), (h), (j), (k), (l), (m), (n), (u), (aa), (dd), (ff), or (ii). See Michigan Laws 29.362
  • Member-regulation: means the board of directors of the cooperative is charged with establishing, maintaining, and applying all rates, charges, accounting standards, billing practices, and terms and conditions of service. See Michigan Laws 460.32
  • Micro wireless facility: means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. See Michigan Laws 460.1307
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. See Michigan Laws 288.574
  • Minor offense: means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000. See Michigan Laws 761.1
  • Minority leader: See Floor Leaders
  • MiPERC: means the national Propane Education and Research Council affiliate in this state. See Michigan Laws 460.622
  • Misdemeanor: means 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 761.1
  • Modified net metering: means a utility billing method that applies the power supply component of the full retail rate to the net of the bidirectional flow of kilowatt hours across the customer interconnection with the utility distribution system, during a billing period or time-of-use pricing period. See Michigan Laws 460.1007
  • 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor carrier: means a person engaged in the transportation of hazardous materials by highway. See Michigan Laws 29.472
  • MPSC: means the Michigan Public Service Commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.1307
  • Municipal government: means a city, a village, a township, a charter township, a county, a department of county government if the county has an elected county executive under 1966 PA 293, MCL 45. See Michigan Laws 141.1542
  • Municipality: means a city, village, or township, all or some of whose residents are served by a municipal electric utility. See Michigan Laws 460.963
  • Municipality: means a county with a population of more than 80,000 and less than 115,000 and that contains a city with a population of more than 35,000 and less than 45,000, at the time the marketing notice is filed with the director, and that shares a border with a county that levies a tax on accommodations under 1974 PA 263, MCL 141. See Michigan Laws 141.1432
  • Municipality: means 1 of the following:
  •   (i) A county having a population of greater than 250,000 and less than 300,000 according to the most recent federal decennial census and that levies an excise tax under 1974 PA 263, MCL 141. See Michigan Laws 141.1442
  • municipality: when used in this act, means a city, village or township. See Michigan Laws 460.501
  • Municipality: means a city, township, or village. See Michigan Laws 460.562
  • Municipally owned electric utility: means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after the effective date of this act, acquired all or substantially all of the assets of a municipal electric utility, when applying this act to the former territory of the municipal electric utility. See Michigan Laws 460.1307
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Natural gas provider: means an investor-owned business engaged in the sale and distribution at retail of natural gas within this state whose rates are regulated by the commission. See Michigan Laws 460.1009
  • Neutral evaluation process: means a form of alternative dispute resolution or mediation between a local government and interested parties as provided for in section 25. See Michigan Laws 141.1542
  • Neutral evaluator: means an impartial, unbiased person or entity, commonly known as a mediator, who assists local governments and interested parties in reaching their own settlement of issues under this act, who is not aligned with any party, and who has no authoritative decision-making power. See Michigan Laws 141.1542
  • 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.
  • Nonauthority pole: means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility. See Michigan Laws 460.1307
  • Nonbypassable charge: means a charge in a financing order payable by a customer to an electric utility or its assignees or successors regardless of the identity of the customer's electric generation supplier. See Michigan Laws 460.10h
  • Noncommunity water supply: means that term as it is defined in part 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 141.1452
  • Nonprofit health care organization: means a public body organized and existing under the laws of this state and authorized to provide health services, a nonprofit corporation incorporated under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 331.1103
  • Notification system: means MISS DIG System, Inc. See Michigan Laws 460.723
  • Nursing home: means that term as defined in section 20109 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 331.33
  • 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.
  • Operating expenses: means the reasonable operating expenses of the commission, including without limitation the cost of preparing accounting and other reports, costs of commission meetings or other required activities of the commission, counsel fees, including fees of the attorney general, and fees and expenses incurred for consultants and fiduciaries required to carry out the purposes of this act. See Michigan Laws 141.1633
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Ordinance violation: means either of the following:
  •   (i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
  • Organized fire department: means that term as defined in section 2 of the firefighters training council act, 1966 PA 291, MCL 29. See Michigan Laws 29.331
  • Organized fire department: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 29.362
  • ORV: means that term as defined in section 81101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner of a transient facility located within the assessment district or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.1432
  • Owner: means the owner of a transient facility located within the assessment district or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.1442
  • Paid on-call: means employment during which an individual works on an on-call basis, is paid for all hours he or she works, and only occasionally works scheduled shifts. See Michigan Laws 29.362
  • paid on-call firefighter: means an individual who is charged with the prevention or suppression of fires and who is directly engaged in the hazards of firefighting or in charge of a designated fire company or companies that are directly engaged in the hazards of firefighting on a volunteer or paid on-call basis. See Michigan Laws 29.362
  • Part-time: means employment during which an individual is paid for all hours he or she works and works scheduled shifts but works fewer hours weekly than the hours necessary to be classified as a full-time employee by the applicable employing political subdivision. See Michigan Laws 29.362
  • Participating state: means a state electing to participate in the uniform program by entering a base state agreement. See Michigan Laws 29.472
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, firm, joint venture, partnership, corporation, association, governmental agency, department or agency, utility cooperative, or joint stock association, including any trustee, receiver, assignee, or personal representative thereof. See Michigan Laws 460.723
  • Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust, organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination thereof. See Michigan Laws 460.933
  • Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust, organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination thereof. See Michigan Laws 460.963
  • Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Michigan Laws 460.1307
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.1102
  • Person: means an individual, corporation, partnership, association, limited liability company, or other legal entity. See Michigan Laws 289.822
  • 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, corporation, limited or general partnership, association, joint venture, limited liability company, a governmental entity, including this state. See Michigan Laws 141.1633
  • Person: means an individual, partnership, corporation, association, cooperative, limited liability company, or any other business entity. See Michigan Laws 460.622
  • Personal property: All property that is not real property.
  • Pet coke: means a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations. See Michigan Laws 460.1009
  • Pet shop: means a pet shop licensed by the department under section 3 of 1969 PA 287, MCL 287. See Michigan Laws 287.1102
  • PFAS: means a perfluoroalkyl or polyfluoroalkyl substance. See Michigan Laws 29.362
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means a plan approved under section 22 or former section 21 or 23 or found to comply with this act under former section 25, with any amendments adopted under this act. See Michigan Laws 460.1011
  • Plan for adjustment: means the plan for the adjustment of debts of the city of Detroit approved and entered by the United States bankruptcy court for the eastern district of Michigan, southern division, In Re City of Detroit, Michigan, case no. See Michigan Laws 141.1603
  • Plan for adjustment: means the plan for the adjustment of debts of a qualified city approved and entered by a United States bankruptcy court under chapter 9 of title 11 of the United States Code, 11 USC 901 to 946. See Michigan Laws 141.1633
  • Plans examiner: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department who is certified under National Fire Protection Association standard no. See Michigan Laws 29.362
  • Plasma arc gasification facility: means a gasification facility that uses a plasma torch to break substances down into their molecular structures. See Michigan Laws 460.1009
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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, municipality, school district, or any other local governmental unit, agency, body, board, or commission but does not include a state department, board, commission, or agency of state government. See Michigan Laws 29.362
  • Positive response: means the procedure administered by the notification system to allow excavators to determine whether all facility owners or facility operators contacted under a ticket have responded in accordance with this act. See Michigan Laws 460.723
  • Power supply cost recovery clause: means a clause in the electric rates or rate schedule of an electric utility that permits the monthly adjustment of rates for power supply to allow the utility to recover the booked costs, including transportation costs, reclamation costs, and disposal and reprocessing costs, of fuel burned by the utility for electric generation and the booked costs of purchased and net interchanged power transactions by the utility incurred under reasonable and prudent policies and practices. See Michigan Laws 460.6j
  • Power supply cost recovery factor: means that element of the rates to be charged for electric service to reflect power supply costs incurred by an electric utility and made pursuant to a power supply cost recovery clause incorporated in the rates or rate schedule of an electric utility. See Michigan Laws 460.6j
  • Power unit: means a motor vehicle that provides motor power to the entire combination, or to the vehicle if a single unit. See Michigan Laws 29.472
  • 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.
  • Preconstruction activity: means any activity on a proposed route conducted before construction of a transmission line begins. See Michigan Laws 460.562
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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
  • 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.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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.
  • Probationer: means an individual placed on probation for committing a felony. See Michigan Laws 771A.2
  • Processing: means the commercial processing or handling of fruit, vegetable, dairy, meat, and grain products for human food consumption and animal feed including, but not limited to, the following:
  •   (i) The generation of noise, odors, waste water, dust, fumes, and other associated conditions. See Michigan Laws 289.822
  • Processing operation: means the operation and management of a business engaged in processing. See Michigan Laws 289.822
  • Professional services: means services that require a high degree of intellectual skill, an advanced degree, or professional licensing or certification. See Michigan Laws 141.1633
  • program: means a program as described in section 5(2). See Michigan Laws 460.933
  • program: means a program as described in section 203(2). See Michigan Laws 460.1201
  • program: means a program as described in section 5(2). See Michigan Laws 460.963
  • Project costs: means the total of the reasonable or necessary costs incurred for carrying out the works and undertakings for the acquisition or construction of hospital facilities under this act. See Michigan Laws 331.33
  • Project costs: means the total of the reasonable or necessary costs incurred for carrying out the acquisition, construction, repair, remodeling, equipping, or re-equipping of health care facilities. See Michigan Laws 331.1103
  • Propane: means a hydrocarbon whose chemical composition is predominantly C3H8, and includes liquefied petroleum gases, renewable propane, and any mixture of both liquefied petroleum gases and renewable propane. See Michigan Laws 460.622
  • Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1
  • Property: means privately owned commercial or industrial real property located within the local unit of government. See Michigan Laws 460.933
  • Property: means privately owned residential real property. See Michigan Laws 460.1201
  • Property: means privately owned residential real property located within the municipality. See Michigan Laws 460.963
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1
  • prosecuting attorney: means the attorney general or the prosecuting attorney for a county, or his or her designee. See Michigan Laws 767A.1
  • Provider: means an electric provider or a natural gas provider. See Michigan Laws 460.1009
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • 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 right-of-way: means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. See Michigan Laws 460.723
  • Public safety department: means a department of a political subdivision providing both law enforcement and fire services either separately or utilizing a combined response force with personnel trained and certified as both firefighters under this act and law enforcement officers under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 29.362
  • Public safety director: means the individual who serves as the administrative head of a public safety department. See Michigan Laws 29.362
  • public service commission: means the Michigan public service commission created in section 1. See Michigan Laws 460.6h
  • Public utility: means a steam, heat, electric, power, gas, water, wastewater, telecommunications, telegraph, communications, pipeline, or gas producing company regulated by the commission, whether private, corporate, or cooperative, except a municipally owned utility. See Michigan Laws 460.111
  • public utility: when used in this act, means persons and corporations, other than municipal corporations, or their lessees, trustees and receivers now or hereafter owning or operating in this state equipment or facilities for producing, generating, transmitting, delivering or furnishing gas or electricity for the production of light, heat or power to or for the public for compensation. See Michigan Laws 460.501
  • Pyrolysis facility: means a facility that effects thermochemical decomposition at elevated temperatures without the participation of oxygen, from carbon-based feedstocks including, but not limited to, coal, wood, biomass, industrial waste, or solid waste, but not including pet coke, hazardous waste, coal waste, or scrap tires. See Michigan Laws 460.1009
  • Qualified city: means a city with a population of more than 600,000 that is subject to a plan for adjustment. See Michigan Laws 141.1633
  • Qualified costs: means an electric utility's regulatory assets as determined by the commission, adjusted by the applicable portion of related investment tax credits, plus any costs that the commission determines that the electric utility would be unlikely to collect in a competitive market, including, but not limited to, retail open access implementation costs and the costs of a commission approved restructuring, buyout or buy-down of a power purchase contract, together with the costs of issuing, supporting, and servicing securitization bonds and any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of securitization bonds. See Michigan Laws 460.10h
  • Qualified school district: means a school district with the same boundaries as a city with a population of 600,000 or more. See Michigan Laws 141.1633
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: means that term as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462. See Michigan Laws 460.723
  • railroad: as used in this act shall be construed to mean all railroads, whether operated by steam, electric or other motive power: Provided, That the provision of this act shall not apply to any logging or other private railroad not doing business as a common carrier: Provided further, Nothing in this act contained shall be construed to authorize the commission to interfere with, lessen or impair or to authorize the impairment of any franchise provision, contract or agreement as to rate of fare now existing between any municipality, city, village, or township and any tram railway, street railway, interurban or suburban railway company, or to increase or lessen the rate of fare fixed by such franchise, contract or agreement, or to deprive any tram railway, street railway, interurban or suburban railway company of the right to charge for the carriage of passengers the rate of fare authorized and fixed by any franchise, grant or contract made or entered into between any municipality, city, village or township and any such tram railway, street railway, interurban or suburban railway company; Provided further, That nothing in this act contained shall apply to street and electric railroads engaged solely in the transportation of passengers within the limits of cities or within a distance of 5 miles of the boundaries thereof. See Michigan Laws 462.3
  • Rate: means a recurring charge. See Michigan Laws 460.1307
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receivership: means the process under this act by which a financial emergency is addressed through the appointment of an emergency manager. See Michigan Laws 141.1542
  • Recidivism: means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 761.1
  • Recognized electric planning authority: means a person recognized by the Federal Energy Regulatory Commission or the North American Electric Reliability Corporation as authorized under federal law to approve a high-voltage transmission line for construction by an incumbent electric transmission company, including, but not limited to, a regional transmission organization. See Michigan Laws 460.592
  • Record owner: means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds. See Michigan Laws 460.933
  • Record owner: means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds. See Michigan Laws 460.1201
  • Record owner: means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds. See Michigan Laws 460.963
  • 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
  • Regional transmission organization: means a person that meets all of the following:
  •   (i) Possesses characteristics required under 18 C. See Michigan Laws 460.592
  • 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.
  • Renewable energy: means electricity or steam generated using a renewable energy system. See Michigan Laws 460.1011
  • Renewable energy credit: means a credit granted under a certification and tracking program established under section 41, which represents generated renewable energy. See Michigan Laws 460.1011
  • Renewable energy credit portfolio: means the sum of the renewable energy credits achieved by a provider for a particular year. See Michigan Laws 460.1011
  • Renewable energy resource: means a resource that naturally replenishes over a human, not a geological, time frame and that is ultimately derived from solar power, water power, or wind power. See Michigan Laws 460.933
  • Renewable energy resource: means a resource that naturally replenishes over a human, not a geological, time frame and that is ultimately derived from solar power, water power, or wind power. See Michigan Laws 460.963
  • Renewable energy resource: means a resource that naturally replenishes over a human, not a geological, time frame and that is ultimately derived from solar power, water power, or wind power. See Michigan Laws 460.1011
  • Renewable energy standard: means the minimum renewable energy capacity portfolio, if applicable, and the renewable energy credit portfolio required to be achieved under section 28 or former section 27. See Michigan Laws 460.1011
  • Renewable energy system: means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use 1 or more renewable energy resources to generate electricity. See Michigan Laws 460.933
  • Renewable energy system: means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use 1 or more renewable energy resources. See Michigan Laws 460.963
  • Renewable energy system: means a facility, electricity generation system, or set of electricity generation systems that use 1 or more renewable energy resources to generate electricity or steam. See Michigan Laws 460.1011
  • renewable resource power production facility: means a facility having a rated power production capacity of 30 megawatts or less which produces electric energy by the use of biomass, waste, wood, hydroelectric, wind, and other renewable resources, or any combination of renewable resources, as the primary energy source. See Michigan Laws 460.6d
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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.
  • Research: means any type of study, investigation, or other activity designed to advance the image, desirability, usage, marketability, efficiency, and safety of propane and propane use equipment and to further the development of information and products related to propane and propane use equipment. See Michigan Laws 460.622
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restructured corporation: means a corporation that has completed the process described in section 305a. See Michigan Laws 331.1103
  • Restructured subsidiary corporation: means a subsidiary corporation that has completed the process described in section 305a. See Michigan Laws 331.1103
  • Retail propane marketer: means a person engaged in the business of selling odorized propane to consumers in containers larger than 240 pounds water capacity or selling odorized propane to retail propane dispensers. See Michigan Laws 460.622
  • Retirement systems: means the police and fire retirement system of the city of Detroit and the general retirement system of the city of Detroit. See Michigan Laws 141.1603
  • Review team: means a review team appointed under section 4. See Michigan Laws 141.1542
  • Room: means a room or other space provided for sleeping, including the furnishings and other accessories in the room. See Michigan Laws 141.1432
  • Room: means a room or other space provided for sleeping, including the furnishings and other accessories in the room. See Michigan Laws 141.1442
  • Room charge: means the charge imposed for the use or occupancy of a room, excluding charges for food, beverages, state use tax, telephone service or like services paid in connection with the charge, and reimbursement of the assessment imposed by this act. See Michigan Laws 141.1432
  • Room charge: means the charge imposed for the use or occupancy of a room, excluding charges for food, beverages, state use tax, telephone service, or like services paid in connection with the charge, and reimbursement of the assessment imposed by this act. See Michigan Laws 141.1442
  • Route: means real property on or across which a transmission line is constructed or proposed to be constructed. See Michigan Laws 460.1141
  • Route: means real property on or across which a transmission line is constructed or proposed to be constructed. See Michigan Laws 460.562
  • ROW: means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. See Michigan Laws 460.1307
  • Rule: means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 29.362
  • Safe zone: means an area 48 inches or more from either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
  • School board: means the governing body of a school district. See Michigan Laws 141.1542
  • School district: means a school district as that term is defined in section 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 141.1542
  • 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
  • Securitization bonds: means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term of not more than 15 years, and that are secured by or payable from securitization property. See Michigan Laws 460.10h
  • Securitization charges: means nonbypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to fully recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in the financing order. See Michigan Laws 460.10h
  • Securitization property: means the property described in section 10j. See Michigan Laws 460.10h
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • 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
  • Site: means a contiguous site, regardless of the number of meters at that site. See Michigan Laws 460.1013
  • Small cell wireless facility: means a wireless facility that meets both of the following requirements:
  •   (i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. See Michigan Laws 460.1307
  • Snowmobile: means that term as defined in section 82101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1
  • Soft excavation: means a method and technique designed to prevent contact damage to underground facilities, including, but not limited to, hand-digging, cautious digging with nonmechanical tools, vacuum excavation methods, or use of pneumatic hand tools. See Michigan Laws 460.723
  • Start date: means the date that a proposed excavation or blasting is expected to begin as indicated on a ticket. See Michigan Laws 460.723
  • 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 authority: means the hospital finance authority created by this act. See Michigan Laws 331.33
  • State financial authority: means the following:
  •   (i) For a municipal government, the state treasurer. See Michigan Laws 141.1542
  • State treasurer: means the state treasurer of this state or his or her designee who is designated by a written instrument signed by the state treasurer and maintained in a permanent file and whose signature has the same force and effect as the signature of the state treasurer for all purposes under this act. See Michigan Laws 141.1603
  • State treasurer: means the treasurer of this state or his or her designee who shall be designated by a written instrument signed by the state treasurer and maintained in a permanent file and whose signature shall have the same force and effect as the signature of the state treasurer for all purposes under this act. See Michigan Laws 141.1633
  • State veterinarian: means the chief animal health official of this state as appointed by the director of the department under section 7 of the animal industry act, 1988 PA 466, 287. See Michigan Laws 287.1102
  • Statute: A law passed by a legislature.
  • Strong mayor: means a mayor who has been granted veto power for any purpose under the charter of that local government. See Michigan Laws 141.1542
  • Strong mayor approval: means approval of a resolution under 1 of the following conditions:
  •   (i) The strong mayor approves the resolution. See Michigan Laws 141.1542
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary board: means the board of trustees of a subsidiary corporation. See Michigan Laws 331.1103
  • Subsidiary corporation: means a subsidiary municipal health facilities corporation incorporated under this act. See Michigan Laws 331.1103
  • Summons: Another word for subpoena used by the criminal justice system.
  • surgeon general: means the surgeon general of the public health service of the United States. See Michigan Laws 331.502
  • Technical probation violation: means a violation of the terms of a probationer's probation order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law. See Michigan Laws 761.1
  • Technical rescue responder: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department who is certified under National Fire Protection Association standard no. See Michigan Laws 29.362
  • Technical rescue response: means those aspects of saving life or property that employ the use of tools and skills that exceed those normally reserved for firefighting, medical emergency, and rescue. See Michigan Laws 29.362
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means a communication from the notification system to a facility owner or facility operator requesting the marking of underground facilities, based on information provided by an excavator in a dig notice. See Michigan Laws 460.723
  • 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.
  • Transient facility: means a building that contains 2 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. See Michigan Laws 141.1432
  • Transient facility: means a building that contains 35 or more rooms used in the business of providing dwelling, lodging, or sleeping to transient guests, whether or not membership is required for the use of the rooms. See Michigan Laws 141.1442
  • Transient guest: means a natural person who occupies a room in a transient facility for less than 30 consecutive days regardless of who pays the room charge for the room. See Michigan Laws 141.1432
  • Transient guest: means a natural person who occupies a room in a transient facility for less than 30 consecutive days regardless of who pays the room charge. See Michigan Laws 141.1442
  • Transmission line: means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.1013
  • Transmission line: means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.562
  • transportation: shall include cars and other vehicles and all instrumentalities and facilities of shipment, or carriage, irrespective of ownership, or of any contract expressed or implied for the use thereof, and all services in connection with the receipt, delivery, elevation, switching and transfer in transit, ventilation, refrigeration or icing, storage and handling of persons or property transported. See Michigan Laws 462.3
  • Travel bureau: means the Michigan travel bureau created under section 2a of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.1432
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • True bill: Another word for indictment.
  • True net metering: means a utility billing method that applies the full retail rate to the net of the bidirectional flow of kilowatt hours across the customer interconnection with the utility distribution system, during a billing period or time-of-use pricing period. See Michigan Laws 460.1013
  • Trustee: means a person serving on a board of trustees or a subsidiary board. See Michigan Laws 331.1103
  • Trustee: A person or institution holding and administering property in trust.
  • underground facility: means an underground or submerged conductor, pipe, or structure, including, but not limited to, a conduit, duct, line, pipe, wire, or other device and its appurtenances used to produce, store, transmit, or distribute a utility service, including communications, data, cable television, electricity, heat, natural or manufactured gas, oil, petroleum products, steam, sewage, video, water, and other similar substances, including environmental contaminates or hazardous waste. See Michigan Laws 460.723
  • Uniform application: means the uniform registration and permit application form established under the uniform program. See Michigan Laws 29.472
  • 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
  • Uniform program: means the uniform state hazardous materials transportation registration and permit program established in the report submitted and amended pursuant to 49 USC 5119(b). See Michigan Laws 29.472
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Use tax: means the tax imposed under the use tax act, 1937 PA 94, MCL 205. See Michigan Laws 141.1432
  • Use tax: means the tax imposed under the use tax act, 1937 PA 94, MCL 205. See Michigan Laws 141.1442
  • Utility pole: means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) and is designed to support small cell wireless facilities. See Michigan Laws 460.1309
  • Vehicle: means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 777.1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1
  • Veterinarian: means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 287.1102
  • 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.
  • Village: means a village establishing a corporation incorporated under, or governed by, this act. See Michigan Laws 331.1103
  • Village public hospital: means a health care facility that is owned or operated by a village. See Michigan Laws 331.1103
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Volunteer: means appointment or employment for which an individual receives no compensation for work provided, or appointment or employment for which an individual receives compensation in the form of reasonable expenses incurred during the course of his or her appointment or employment or other reasonable benefits, including, but not limited to, length of service awards or nominal fees. See Michigan Laws 29.362
  • White lining: means marking by an excavator of the area of a proposed excavation or blasting, with white paint or flags, or both, before giving notice to the notification system. See Michigan Laws 460.723
  • Wholesale propane distributor: means a person that sells odorized propane to a retail propane marketer. See Michigan Laws 460.622
  • Wind energy conversion system: means a system that uses 1 or more wind turbines to generate electricity and has a nameplate capacity of 100 kilowatts or more. See Michigan Laws 460.1013
  • wind zone: means an area designated by the commission under section 147. See Michigan Laws 460.1013
  • Wireless facility: means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Michigan Laws 460.1309
  • Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under this act, provides written authorization to perform the work on behalf of a wireless services provider. See Michigan Laws 460.1309
  • Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Michigan Laws 460.1309
  • Wireless services: means any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile. See Michigan Laws 460.1309
  • Wireless services provider: means a person that provides wireless services. See Michigan Laws 460.1309
  • Wireless support structure: means a freestanding structure designed to support or capable of supporting small cell wireless facilities. See Michigan Laws 460.1309
  • Wireline backhaul facility: means a facility used to transport services by wire or fiber-optic cable from a wireless facility to a network. See Michigan Laws 460.1309
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.