Michigan Laws > Chapter 28 > E.R.O. No. 1993-15 – Executive Reorganization Order


§ 28.702	Transfer of powers and duties of the Michigan emergency management advisory council to the department of state police by a type III transfer and abolishment of the Michigan emergency management a

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Terms Used In Michigan Laws > Chapter 28 > E.R.O. No. 1993-15 - Executive Reorganization Order

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
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.
Alcoholic liquor: means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436. See Michigan Laws 37.1103
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
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.
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.
Apprehension: means the taking of a person into custody. See Michigan Laws 32.1002
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
Biological diversity: means the full range of variety and variability within and among living organisms and the natural associations in which they occur. See Michigan Laws 324.35501
Board: means board of county road commissioners. See Michigan Laws 324.35701
citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
City street: means city major street or city local street as described in section 9 of Act No. See Michigan Laws 324.35701
Commanding officer: includes only a commissioned officer. See Michigan Laws 32.1002
Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.1103
Commission: means the commission of natural resources. See Michigan Laws 324.301
Commissioner: means the commissioner of the office of financial and insurance services of the department of consumer and industry services. See Michigan Laws 21.147
Committee: means the joint legislative working committee on biological diversity created pursuant to section 35504. See Michigan Laws 324.35501
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.
common source of supply: means a natural underground reservoir containing or appearing to contain a common accumulation of oil and gas. See Michigan Laws 324.61701
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Confinement: means the physical restraint of a person. See Michigan Laws 32.1002
Contract: A legal written agreement that becomes binding when signed.
Controlled substance: means opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, marihuana, any compound or derivative of any such substance, and any other substance that is listed in schedules I through V of section 202 of the controlled substances act, 21 USC 812, including any subsequent amendments thereto. See Michigan Laws 32.1002
Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 37.1103
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
County local road: means county local road as described in section 4 of Act No. See Michigan Laws 324.35701
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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.
Department: means the department of natural resources. See Michigan Laws 324.61001
Department: means the department of environmental quality. See Michigan Laws 324.61501
Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
Dependent: A person dependent for support upon another.
Deposit: includes the purchase of, or investment in, shares of credit unions. See Michigan Laws 21.147
Depository library: means a depository library designated under section 10 of the library of Michigan act, Act No. See Michigan Laws 21.55
Derivative instrument or product: means either of the following, subject to subdivision (c):

(i) A contract or convertible security that changes in value in concert with a related or underlying security, future, or other instrument or index; or that obtains much of its value from price movements in a related or underlying security, future, or other instrument or index; or both. See Michigan Laws 21.55

Devise: To gift property by will.

disability: means 1 or more of the following:

(i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:

(A) For purposes of article 2, substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position or substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's qualifications for employment or promotion. See Michigan Laws 37.1103

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:

Docket: A log containing brief entries of court proceedings.

Ecosystem: means an assemblage of species, together with the species' physical environment, considered as a unit. See Michigan Laws 324.35501

Employer: means a person who has 1 or more employees or a person who as contractor or subcontractor is furnishing material or performing work for the state or a governmental entity or agency of the state and includes an agent of such a person. See Michigan Laws 37.1201

Employment agency: means a person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. See Michigan Laws 37.1201

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

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}

Executor: A male person named in a will to carry out the decedent

Fiduciary: A trustee, executor, or administrator.

Field: means an underground reservoir or reservoirs containing oil or gas, or both. See Michigan Laws 324.61501

Field: means an underground reservoir or reservoirs containing oil or gas, or both. See Michigan Laws 324.61701

financial institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and which maintains a principal office or branch office located in this state under the laws of this state or the United States. See Michigan Laws 21.147

Fraud: Intentional deception resulting in injury to another.

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

Fund: means the oil and gas regulatory fund created in section 61525b. See Michigan Laws 324.61501

Fund: means the orphan well fund created in section 61602. See Michigan Laws 324.61601

Gas: means a mixture of hydrocarbons and varying quantities of nonhydrocarbons in a gaseous state which may or may not be associated with oil, and includes those liquids resulting from condensation. See Michigan Laws 324.61501

Genetic information: means information about a gene, gene product, or inherited characteristic of an individual derived from the individual's family history or a genetic test. See Michigan Laws 37.1201

Genetic test: means the analysis of human DNA, RNA, chromosomes, and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. See Michigan Laws 37.1201

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

Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or rule. See Michigan Laws 32.1002

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.

Illegal oil or gas: means oil or gas that has been produced by an owner or producer in violation of this part, a rule promulgated under this part, or an order of the supervisor issued under this part. See Michigan Laws 324.61501

Illegal product: means a product of oil or gas or any part of a product of oil or gas that was knowingly processed or derived in whole or in part from illegal oil or gas. See Michigan Laws 324.61501

in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q

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

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.

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}

Intestate: Dying without leaving a will.

Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.

Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002

Labor organization: includes :

(i) An organization of any kind, an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. See Michigan Laws 37.1201

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}

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Lessee: means lessees under oil and gas leases and also the owners of unleased lands or mineral rights having the right to develop them for oil and gas. See Michigan Laws 324.61701

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensing: includes agency activity involving the grant, denial, renewal, suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of a license. See Michigan Laws 24.205

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

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

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

Market demand: means the actual demand for oil or gas from any particular pool or field for current requirements for current consumption and use within or outside the state, together with the demand for such amounts as are necessary for building up or maintaining reasonable storage reserves of oil or gas or the products of oil or gas. See Michigan Laws 324.61501

Medical benefits: means medical, optical, or dental benefits, including, but not limited to, hospital and physician services, prescription drugs, and related benefits. See Michigan Laws 15.582

Michigan register: means the publication described in section 8. See Michigan Laws 24.205

Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002

Military court: means a court-martial, a court of inquiry, or the military appeals tribunal. See Michigan Laws 32.1002

Military judge: means a judge advocate designated as a military judge by the state judge advocate general or an official of a general or special court-martial appointed pursuant to section 26. See Michigan Laws 32.1002

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.

Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

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

Native vegetation: means original or indigenous plants of this state including trees, shrubs, vines, wild flowers, aquatic plants, or ground cover. See Michigan Laws 324.35701

Natural: means in a state provided by nature, without human-made changes, wild, or uncultivated. See Michigan Laws 324.35701

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.

Notice: means a written or electronic record that informs a person of past or future action of the person generating the record. See Michigan Laws 24.205

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.

Office: means , unless expressly stated otherwise, the office of performance and transformation. See Michigan Laws 24.205

Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002

Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a

Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and that are not the result of condensation of gas after it leaves the underground reservoir. See Michigan Laws 324.61501

Oil and gas: means oil and gas as such in combination one with the other and also means oil, gas, casinghead gas, casinghead gasoline, gas distillate, or other hydrocarbons, or any combination or combinations of these substances, which may be found in or produced from a common source of supply of oil, gas, oil and gas, or gas distillate. See Michigan Laws 324.61701

Oil or gas well: means a well drilled pursuant to part 615, or its predecessor acts, or a well drilled prior to the effective dates of part 615 or its predecessor acts as determined by the supervisor, for oil or gas exploration or development or storage, or associated production or disposal activities. See Michigan Laws 324.61601

Operator: means the person authorized by contract or agreement by the owner to drill, operate, maintain, or plug a well. See Michigan Laws 324.61601

Owner: means the person who has the right to drill a well into a pool, to produce from a pool, and to receive and distribute the value of the production from the pool for himself or herself either individually or in combination with others. See Michigan Laws 324.61501

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: includes an individual, agent, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state, or any other legal, commercial, or governmental entity or agency. See Michigan Laws 37.1103

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

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.

Political subdivision: means a county, city, village, township, school district, or special district or authority of this state. See Michigan Laws 37.1103

Pool: means an underground reservoir containing a common accumulation of oil or gas, or both. See Michigan Laws 324.61501

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}

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Processing of a rule: means the action required or authorized by this act regarding a rule that is to be promulgated, including the rule's adoption, and ending with the rule's promulgation. See Michigan Laws 24.205

Producer: means the operator, whether owner or not, of a well or wells capable of producing oil or gas or both in paying quantities. See Michigan Laws 324.61501

Product: means any commodity or thing made or manufactured from oil or gas, and all derivatives of oil or gas, including refined crude oil, crude tops, topped crude, processed crude petroleum, residue treated crude oil, residuum, gas oil, naphtha, distillate, gasoline, casing-head gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, lubricating oil, and blends or mixtures of oil or gas or any derivatives of oil or gas whether enumerated or not. See Michigan Laws 324.61501

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public employee: means a person holding a position by appointment or employment in the government of this state; in the government of 1 or more of the political subdivisions of this state; in the public school service; in a public or special district; in the service of an authority, commission, or board of this state or a political subdivision of this state; or in any other branch of the public service. See Michigan Laws 15.582

Public employer: means a county, township, village, city, authority, school district, or other political subdivision of this state and includes any entity jointly created by 2 or more public employers. See Michigan Laws 15.601

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

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recess: A temporary interruption of the legislative business.

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

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).

Reporting department: means a state department or agency that is required by the committee under this part to file 1 or more reports. See Michigan Laws 324.35501

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

School district: means a school district, local act school district, or intermediate school district as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 15.601

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

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.

Severed oil and gas rights: means those subsurface oil and gas rights held by the department on land in which the department does not own the surface rights to the land. See Michigan Laws 324.61001

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 restoration: means the filling and leveling of all cellars, pits, and excavations; the removal or elimination of all debris; the elimination of conditions that may create a fire or pollution hazard; the minimization of erosion; and the restoration of the well site as nearly as practicable to the original land contour or to a condition approved by the supervisor after consulting with the surface owner of the land and with the operator of a natural gas storage field if the well site is within the boundary of a natural gas storage field. See Michigan Laws 324.61601

specialty court program: means any of the following:

(i) A drug treatment court, as that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 257.83

Staff judge advocate: means the commissioned officer responsible for supervising the administration of military justice within a command. See Michigan Laws 32.1002

State average weekly wage: means the state average weekly wage as determined by the Michigan employment security commission under section 27 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421. See Michigan Laws 37.1103

State judge advocate general: means the commissioned officer responsible for supervising the administration of the military justice in the state military forces. See Michigan Laws 32.1002

State military forces: means the national guard of the state, as defined in 32 USC 101(3), and any other military force organized under the laws of the state. See Michigan Laws 32.1002

State strategy: means the recommended state strategy prepared by the committee. See Michigan Laws 324.35501

Statute: A law passed by a legislature.

Street: means city street or village street. See Michigan Laws 324.35701

Subpoena: A command to a witness to appear and give testimony.

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

Superior commissioned officer: means a commissioned officer superior in rank or command. See Michigan Laws 32.1002

Supervisor: means the supervisor of wells as provided by part 615 or his or her designee. See Michigan Laws 324.61601

supervisor of wells: means the department. See Michigan Laws 324.61501

Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.

Sustained yield: means the achievement and maintenance in perpetuity of regular periodic output of the various renewable resources without impairment of the productivity of the land. See Michigan Laws 324.35501

Temporary employee: means an employee hired for a position that will not exceed 90 days in duration. See Michigan Laws 37.1103

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Testify: Answer questions in court.

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

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.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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

Unit: means a regularly organized body of the military that is not larger than a company or squadron. See Michigan Laws 32.1002

Unit area: means the formation or formations that are unitized and surface acreage that is a part of the unitized lands, as described in the plan for unit operations that is the subject of the supervisor's order as provided in section 61706. See Michigan Laws 324.61701

Unit expense: means any and all cost, expense, or indebtedness incurred by the unit in the establishment of its organization or incurred in the conduct and management of its affairs or the operations conducted by it. See Michigan Laws 324.61701

Unit production: means all indigenous oil and gas produced and saved from a unit area after the effective date of the order of the supervisor creating the unit, regardless of the well or tract within the unit area from which that oil and gas is produced. See Michigan Laws 324.61701

User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.

Verdict: The decision of a petit jury or a judge.

Village street: means village major street or village local street as described in section 9 of Act No. See Michigan Laws 324.35701

Writ: A formal written command, issued from the court, requiring the performance of a specific act.