Michigan Laws > Chapter 120 > Act 251 of 1966 – Port Districts
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Terms Used In Michigan Laws > Chapter 120 > Act 251 of 1966 - Port Districts
- Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
- Adult: means either of the following:
(i) An individual 18 years of age or older. See Michigan Laws 780.983Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls the person specified. See Michigan Laws 324.21502 Agency: means a board, official, or administrative agency empowered to make a decision, finding, ruling, assessment, determination, or order that is subject to review under the jurisdiction of the tribunal or that has collected a tax for which a refund is claimed. See Michigan Laws 205.703 Agreement: means the document entitled "Great Lakes protection fund agreement" signed by the governor on February 26, 1989. See Michigan Laws 324.33101 Allegation: something that someone says happened. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appraisal: A determination of property value. Approved claim: means a claim that is approved pursuant to section 21510. See Michigan Laws 324.21502 Aquifer: means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn. See Michigan Laws 324.32801 Arrest: Taking physical custody of a person by lawful authority. Assessment tool: means the water withdrawal assessment tool provided for in part 327. See Michigan Laws 324.32801 Auction: means the sale or offer for sale by bidding of real or personal property at a public or private location. See Michigan Laws 324.82101 Auctioneer: means a person that is engaged in the business of conducting auctions or that offers to conduct an auction for compensation. See Michigan Laws 324.82101 Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502 Base flow: means groundwater discharge to rivers and streams. See Michigan Laws 324.32801 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 board: means the board of directors of the authority. See Michigan Laws 324.21502 Board: means the Michigan Great Lakes protection fund technical advisory board created in section 32908. See Michigan Laws 324.32901 Bond proceeds account: means the account within the fund to which proceeds of bonds or notes issued under this part have been credited. See Michigan Laws 324.21502 Bonds or notes: means the bonds, notes, commercial paper, other obligations of indebtedness, or any combination of these, issued by the finance authority pursuant to this part. See Michigan Laws 324.21502 Bulk transfer: means a transfer of refined petroleum or a refined petroleum product from, or purchase for resale by, a refiner, pipeline terminal operator, supplier, or marine terminal operator to or from another refiner, pipeline terminal operator, supplier, or marine terminal operator through pipeline tender or marine delivery, including pipeline movements of refined petroleum or a refined petroleum product from 1 or more marine vessel movements of refined petroleum or a refined petroleum product. See Michigan Laws 324.21502 Bulk transfer terminal system: means the refined petroleum or refined petroleum product distribution system consisting of refineries, pipelines, marine vessels, and terminals and includes refined petroleum or refined petroleum product storage tanks and refined petroleum or refined petroleum product storage facilities that are part of a refinery, boat terminal transfer, or terminal owned, operated, or controlled by a refiner, marine terminal operator, or pipeline terminal operator. See Michigan Laws 324.21502 Claim: means the submission by the owner or operator or his or her representative of documentation on an application requesting payment by the authority. See Michigan Laws 324.21502 Claim period: means a 1-year period commencing on October 1 of each year and ending on September 30 the following year. See Michigan Laws 324.21502 Claims limit: means $1,000,000. See Michigan Laws 324.21502 Closed session: means a meeting or part of a meeting of a public body that is closed to the public. See Michigan Laws 15.262 commission: means the Michigan indigent defense commission created under section 5. See Michigan Laws 780.983 Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation. Conflict areas: means an aquifer or a portion of an aquifer in which the department has determined that there is reasonable, scientifically based evidence of a pattern of groundwater withdrawal conflicts or a single extended groundwater withdrawal conflict. See Michigan Laws 324.32801 Consumer Price Index: means the annual United States Consumer Price Index for all urban consumers as defined and reported by the United States Department of Labor, Bureau of Labor Statistics. See Michigan Laws 780.983 Continuance: Putting off of a hearing ot trial until a later time. Controls: means the possession or the contingent or noncontingent right to acquire possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities or interests, by contract, other than a commercial contract for goods or nonmanagement services, by pledge of securities, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Michigan Laws 324.21502 Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.82101 Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.21502 Council: means the water use advisory council created under section 32803. See Michigan Laws 324.32801 Cybersecurity incident: includes , but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities. See Michigan Laws 15.232 Dealer: means any person engaged in the sale, lease, or rental of snowmobiles as a regular business, other than an auctioneer. See Michigan Laws 324.82101 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the department of licensing and regulatory affairs. See Michigan Laws 780.983 Department: means the department of environmental quality. See Michigan Laws 324.21502 Department: means the department of environmental quality. See Michigan Laws 324.32801 Department: means the department of natural resources unless expressly indicated otherwise. See Michigan Laws 324.33924 Director: means the director of the department. See Michigan Laws 324.32801 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: effective representation: means legal representation that is compliant with standards established by the appellate courts of this state and the United States Supreme Court. See Michigan Laws 780.983 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 Ex officio: Literally, by virtue of one's office. Field name: means the label or identification of an element of a computer database that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout. See Michigan Laws 15.232 Finance authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.21502 Financial responsibility requirements: means the financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from a refined petroleum underground storage tank system that the owner or operator of a refined petroleum underground storage tank system must demonstrate under part 211 and the rules promulgated under that part. See Michigan Laws 324.21502 FOIA coordinator: means either of the following:
(i) An individual who is a public body. See Michigan Laws 15.232Fund: means the underground storage tank cleanup fund created in section 21506b and includes the bond proceeds account established within the fund. See Michigan Laws 324.21502 Fund: means the Michigan Great Lakes protection fund created in section 32905. See Michigan Laws 324.32901 fund: means the Great Lakes protection fund approved in the agreement. See Michigan Laws 324.33101 Groundwater: means water below the land surface in a zone of saturation. See Michigan Laws 324.32801 Groundwater withdrawal conflict: means the failure of an existing water well that was constructed in compliance with part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.32801 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Highway or street: means the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel. See Michigan Laws 324.82101 Historic snowmobile: means a snowmobile that is over 25 years old and that is owned solely as a collector's item and for occasional use and for participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing. See Michigan Laws 324.82101 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 Indemnification: means indemnification of an owner or operator for a legally enforceable judgment entered against the owner or operator by a third party, or a legally enforceable settlement entered between the owner or operator and a third party, compensating that third party for bodily injury or property damage, or both, caused by an accidental release as those terms are defined in R 29. See Michigan Laws 324.21502 Indigent: means meeting 1 or more of the conditions described in section 11(3). See Michigan Laws 780.983 Indigent criminal defense services: means local legal defense services provided to a defendant and to which both of the following conditions apply:
(i) The defendant is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant's initial appearance in court to answer to the criminal charge. See Michigan Laws 780.983Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.82101Legacy: A gift of property made by will. Majority leader: see Floor Leaders Marine terminal operator: means a person that stores refined petroleum or a refined petroleum product at a boat terminal transfer. See Michigan Laws 324.21502 Meeting: means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 15.262 Mineral: means that term as defined in section 2 of the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b Minority leader: See Floor Leaders Municipality: means a city, village, or township. See Michigan Laws 324.301 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. Operate: means to ride in or on and be in actual physical control of the operation of a snowmobile. See Michigan Laws 324.82101 Operator: means that term as it is defined in section 21303 or a person to whom an approved claim has been assigned or transferred. See Michigan Laws 324.21502 Operator: means any individual who operates a snowmobile. See Michigan Laws 324.82101 Oversight: Committee review of the activities of a Federal agency or program. Owner: means that term as it is defined in section 21303. See Michigan Laws 324.21502 Owner: means any of the following:
(i) A person that holds the legal title to a snowmobile. See Michigan Laws 324.82101Partially indigent: means a criminal defendant who is unable to afford the complete cost of legal representation, but is able to contribute a monetary amount toward his or her representation. See Michigan Laws 780.983 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. Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.82101Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 15.232 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.21503 Pipeline terminal operator: means a person that receives and stores refined petroleum or a refined petroleum product in tanks and other equipment used in receiving and storing refined petroleum or a refined petroleum product from interstate and intrastate pipelines, pending wholesale bulk reshipment. See Michigan Laws 324.21503 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. 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. Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 82127(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 82127(6), a local ordinance substantially corresponding to section 82127(6), or a law of another state substantially corresponding to section 82127(6), or a law of the United States substantially corresponding to section 82127(6) may be used as a prior conviction other than for enhancement purposes as provided in section 82129a(1)(b). See Michigan Laws 324.82101Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: means an appeal taken under this act. See Michigan Laws 205.703 Public body: means any of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. See Michigan Laws 15.232Public body: means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 15.262 Public record: means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. See Michigan Laws 15.232 Qualified taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b Rack: means a mechanism for delivering refined petroleum or a refined petroleum product from a refiner, a pipeline terminal operator, or a marine terminal operator into a railroad tank car, a transport truck, a tank wagon, or the fuel supply tank of a marine vessel. See Michigan Laws 324.21503 Recreational snowmobile trail improvement subaccount: means the recreational snowmobile trail improvement subaccount of the snowmobile account created in section 82110. See Michigan Laws 324.82101 Refined petroleum: means aviation gasoline, middle distillates, jet fuel, kerosene, gasoline, residual oils, and any oxygenates that have been blended with any of these. See Michigan Laws 324.21503 Refined petroleum fund: means the refined petroleum fund established under section 21506a. See Michigan Laws 324.21503 Refined petroleum underground storage tank: means an underground storage tank system used for the storage of refined petroleum. See Michigan Laws 324.21503 Refiner: means a person that meets both of the following:
(i) Manufactures or produces refined petroleum or a refined petroleum product at a refinery. See Michigan Laws 324.21503Refinery: means a facility used by a refiner to produce refined petroleum or a refined petroleum product from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons by any process involving substantially more than the blending of refined petroleum and from which refined petroleum or a refined petroleum product may be removed by pipeline or marine vessel or at a rack. See Michigan Laws 324.21503 Regulatory fee: means the environmental protection regulatory fee imposed under section 21508. See Michigan Laws 324.21503 Release: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Remand: When an appellate court sends a case back to a lower court for further proceedings. removed: means a physical transfer other than by evaporation, loss, or destruction of refined petroleum or a refined petroleum product from a refiner, pipeline terminal operator, or marine terminal operator. See Michigan Laws 324.21503 Right-of-way: means that portion of a highway or street not including the roadway and any shoulder. See Michigan Laws 324.82101 Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101 Schedule of costs: means the list of allowable reimbursement amounts that may be paid on a claim, as established in section 21510b. See Michigan Laws 324.21503 session days: means any calendar day on which the commission meets and a quorum is present. See Michigan Laws 15.212 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. share: means an indigent criminal defense system's average annual expenditure for indigent criminal defense services in the 3 fiscal years immediately preceding the creation of the MIDC under this act, excluding money reimbursed to the system by individuals determined to be partially indigent. See Michigan Laws 780.983 Shoulder: means that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic. See Michigan Laws 324.82101 Snowmobile: means any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.82101 Snowmobile registration fee subaccount: means the snowmobile registration fee subaccount of the snowmobile account created in section 82111. See Michigan Laws 324.82101 Software: means a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. See Michigan Laws 15.232 Specialty court program: means a program under any of the following:
(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 324.81101Static water level: means the distance between the ground surface and the water level within a well that is not being pumped. See Michigan Laws 324.32801 Supplier: means a supplier or permissive supplier licensed under the motor fuel tax act, 2000 PA 403, MCL 207. See Michigan Laws 324.21503 system: means either of the following:
(i) The local unit of government that funds a trial court. See Michigan Laws 780.983Tank wagon: means a straight truck having 1 or more compartments other than the fuel supply tank designed or used to carry fuel. See Michigan Laws 324.21503 Terminal: means a refined petroleum or refined petroleum products storage and distribution facility that meets all of the following requirements:
(i) Is registered as a qualified terminal by the internal revenue service. See Michigan Laws 324.21503Transcript: 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. Transmix: means the mixed product that results from the buffer or interface of 2 different products in a pipeline shipment, or a mixture of 2 different products within a refinery or terminal that results in an off-grade mixture. See Michigan Laws 324.21503 Transport truck: means a semitrailer combination rig designed or used for the purpose of transporting refined petroleum or a refined petroleum product over the public roads or highways. See Michigan Laws 324.21503 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribunal: means the tax tribunal created under section 21. See Michigan Laws 205.703 Underground storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Uphold: The decision of an appellate court not to reverse a lower court decision. Venue: The geographical location in which a case is tried. 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. Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content. See Michigan Laws 15.232 Written request: means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means. See Michigan Laws 15.232