Michigan Laws > Chapter 15 > Act 462 of 1996 – Enhanced Access to Public Records Act


§ 15.441	Short title
§ 15.442	Definitions
§ 15.443	Enhanced access to public record; powers of public body; collection of fee from third party; sharing access among public bodies; availability of public record; adoption of policy; specific public
§ 15.444	Elected or appointed individual; ownership interest or compensation from sold information; prohibition

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Terms Used In Michigan Laws > Chapter 15 > Act 462 of 1996 - Enhanced Access to Public Records Act

Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
Absent voter ballot: means a ballot that is issued to a voter through the absent voter process. See Michigan Laws 168.2
Adulterated: means adulterated as determined under the Michigan food law of 1968, Act No. See Michigan Laws 10.121
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.
Advisory council: means the Michigan trails advisory council created in section 72110. See Michigan Laws 324.72101
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.
Alkaline manganese battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte. See Michigan Laws 324.17101
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.
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.
Appliance: means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, window room air conditioner, television, or computer. See Michigan Laws 324.17201
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
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a
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.
benefits: means advantages resulting from a project to public corporations, the inhabitants of public corporations, the inhabitants of this state, and property within public corporations. See Michigan Laws 324.30901
Board: means a river management board created as the governing body of a river management district in accordance with this part. See Michigan Laws 324.31101
Bonds: means private activity bonds subject to the unified volume limitation and any other bonds, notes, and evidences of indebtedness, including certain lease and installment purchase obligations, that would be treated by the internal revenue service as private activity bonds unless issued with an allocation from the unified volume limitation. See Michigan Laws 12.112
Bonds: means the bonds issued under part 193 or former Act No. See Michigan Laws 324.19501
Bonds: means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324. See Michigan Laws 324.19601
Bonds: means the bonds issued under part 713 or former Act No. See Michigan Laws 324.71501
Collector: means a person who receives covered electronic devices from consumers and arranges for the delivery of the covered electronic devices to a recycler. See Michigan Laws 324.17301
Commercial motor vehicle: means a commercial vehicle as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.74101
Commercial waste: means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, but does not include household waste from single residences, hazardous waste, or industrial waste. See Michigan Laws 324.17501
Commission: means the commission of natural resources. See Michigan Laws 324.301
Commissioner: means the county drain commissioner or the county road commission in counties not having a drain commissioner, and, if more than 1 county is involved, each of the drain commissioners or drain commissioner and road commission in counties having no drain commissioner. See Michigan Laws 324.30701
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.
Community recreation plan: means a 5-year, comprehensive recreation plan for a given local unit of government, approval of which is required by the department for participation in the land and water conservation fund program pursuant to the land and water conservation fund act of 1965, public law 88-578, 78 Stat. See Michigan Laws 324.71601
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Computer: means a desktop personal computer or laptop computer, a computer monitor, or beginning April 1, 2011, a printer. See Michigan Laws 324.17301
Computer takeback program: means a program required under section 17305(c). See Michigan Laws 324.17301
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.
Consumer: means a person who used a covered electronic device primarily for personal or small business purposes in this state. See Michigan Laws 324.17301
Consumer product: means any food or beverage that is consumed by humans and any medicine including a prescription drug that is consumed or used by humans. See Michigan Laws 10.121
Contract: A legal written agreement that becomes binding when signed.
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.
Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.19601
Council: means a watershed council created under this part. See Michigan Laws 324.31101
Council: means a trail management council established pursuant to section 72106. See Michigan Laws 324.72101
County agency: means an agency created or controlled by a county board of commissioners or a county executive, a board of county road commissioners, or an office of the county drain commissioner. See Michigan Laws 324.31201
County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701
Court: means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action. See Michigan Laws 324.30701
Covered computer: means a computer that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301
Covered electronic device: means a covered computer or covered video display device. See Michigan Laws 324.17301
Covered video display device: means a video display device that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301
Dam: means an artificial barrier, structure, or facility, and appurtenant works, used to regulate or maintain the level of an inland lake. See Michigan Laws 324.30701
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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.
Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701
Department: means the department of treasury. See Michigan Laws 12.131
Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
Department: means the department of environmental quality. See Michigan Laws 324.17301
Department: means the department of environmental quality. See Michigan Laws 324.17501
Department: means the department of environmental quality. See Michigan Laws 324.19601
Department: means the department of natural resources. See Michigan Laws 324.71601
Department: means the department of natural resources. See Michigan Laws 324.72101
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.
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.
Director: means the director of the department of natural resources. See Michigan Laws 324.301
Director: means the director of the department. See Michigan Laws 324.71601
Director: means the director of the department or his or her designee. See Michigan Laws 324.72101
Distributor: means a person who sells batteries to retailers in this state. See Michigan Laws 324.17101
District: means a river management district established under this part. See Michigan Laws 324.31101
Due care activities: means those activities conducted under section 20107a and 21304c. See Michigan Laws 324.19601
Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.74101
Energy advisory committee: means the committee created under section 2. See Michigan Laws 10.81
Energy emergency: means a condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage. See Michigan Laws 10.81
Energy resource: means electricity, natural gas, synthetic gas, a petroleum product including a liquefied petroleum gas, coal, wood fuel, geothermal source, hydropower, nuclear material, or other source producing power or heat. See Michigan Laws 10.81
Energy shortage: means lack of adequate available energy resources in the state, or any part of the state, as determined by the energy advisory committee or the governor. See Michigan Laws 10.81
Enhanced access: means a public record's immediate availability for public inspection, purchase, or copying by digital means. See Michigan Laws 15.442
Equine access locations: means open access roads, management roads, forestry access roads, 2-track and single-track trails that are not wildlife paths, staging areas for pack and saddle animals to be dropped off or picked up, and associated wilderness campsites. See Michigan Laws 324.72101
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}
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.
Facility: means that term as it is defined in part 201. See Michigan Laws 324.19601
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 product: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.73101
Farm property: means land used in the production of a farm product and all lands contained within the farm. See Michigan Laws 324.73101
firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fish: means game fish or nongame fish as those terms are defined in section 48701. See Michigan Laws 324.73101
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}
Forest road: means that term as defined in section 81101. See Michigan Laws 324.72101
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 environmental protection bond fund created in section 19506. See Michigan Laws 324.19501
Fund: means the clean Michigan initiative bond fund created in section 19606. See Michigan Laws 324.19601
Fund: means the recreation bond fund created in section 71506. See Michigan Laws 324.71501
Fund: means the Pure Michigan Trails fund created in section 72109. See Michigan Laws 324.72101
Funding unit: means 1 of the following, as applicable:

(i) For a circuit other than the third circuit of the circuit court, each county in the circuit. See Michigan Laws 12.131

Fur-bearing animal: means that term as defined in section 43503. See Michigan Laws 324.73101

Game: means that term as defined in section 40103. See Michigan Laws 324.73101

Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 324.19601

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

general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2

Geographical information system: means an informational unit or network capable of producing customized maps based on a digital representation of geographical data. See Michigan Laws 15.442

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

Governmental agency: means the federal government, a county, city, village, or township, or a combination of any of these entities. See Michigan Laws 324.72101

Grant: means a local recreation grant under this part. See Michigan Laws 324.71601

Household waste: means any solid waste that is derived from single residences, but does not include any of the following:

(i) Commercial waste. See Michigan Laws 324.17501

Hunting dog: means a dog allowed to range freely to engage in or aid in hunting on the day the dog enters the property of another person. See Michigan Laws 324.73101

Identification for election purposes: means , if issued to the individual presenting the card or document and if presented for voting purposes the name on the card or document sufficiently matches the individual's name in the individual's voter registration record so as to accurately identify the individual as the registered elector, or if issued to the individual presenting the card or document and if presented for voter registration purposes, any of the following:

(i) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 168.2

Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 168.2

Improvement program: means the construction, reconstruction, development, improvement, bettering, operating, maintaining, and extending a facility at a state park, including a site improvement, impoundment, road and parking lot, toilet building, concession building, shelter building, bathhouse, utility, outdoor center, visitor service facility, ski area, ski tow, ski shelter, and administration unit. See Michigan Laws 324.74101

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

Infrastructure improvement: means restoration of the natural environment or the renovation, repair, replacement, upgrading, or structural improvement of an existing facility that is not less than 15 years old, including any of the following:

(i) Recreation centers. See Michigan Laws 324.71601

Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701

Inland lake: means a public inland lake or a private inland lake. See Michigan Laws 324.30901

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 person: means a person who has a record interest in the title to, right of ingress to, or reversionary right to a piece or parcel of land that would be affected by a permanent change in the bottomland of a natural or artificial, public or private inland lake, or adjacent wetland. See Michigan Laws 324.30901

Issuer: means a municipal issuer or a state issuer. See Michigan Laws 12.112

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.

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legacy: A gift of property made by will.

Level of stream flow: means a measure of water quantity including the amount of water passing a designated point over a designated period and the levels of lakes that are an integral part of the surface drainage system of the watershed. See Michigan Laws 324.31101

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

License: means a hunting, fishing, or fur harvester's license or, in the discretion of the court, any combination of such licenses. See Michigan Laws 324.73101

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 agencies: means local units of government, special districts, or other legally constituted agencies of local units of government exercising powers that may affect water resources. See Michigan Laws 324.31101

Local governing body: means the legislative body of a local unit of government. See Michigan Laws 324.30901

Local public recreation project: means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities, and the restoration of the natural environment. See Michigan Laws 324.71501

Local recreation project: means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities. See Michigan Laws 324.71601

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

Local unit of government: means a county, city, township, village, school district, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71501

Local unit of government: means a county, city, township, village, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71601

Majority leader: see Floor Leaders

Manufacturer: means a person who produces batteries for sale in this state. See Michigan Laws 324.17101

Manufacturer: means a person that produces, imports, or distributes mercury thermometers in this state. See Michigan Laws 324.17201

Member: means a municipality, county, county agency, public school district, public college or university, or other local or regional public agency that is a member of a watershed alliance as provided for in this part. See Michigan Laws 324.31201

Mercuric oxide battery: means a dry cell battery that delivers an essentially constant output voltage throughout its useful life by means of a chemical reaction between zinc and mercuric oxide. See Michigan Laws 324.17101

Mercury fever thermometer: means a mercury thermometer used for measuring body temperature. See Michigan Laws 324.17201

Mercury thermometer: means a product or component, other than a dry cell battery, of a product used for measuring temperature that contains mercury or a mercury compound intentionally added to the product or component. See Michigan Laws 324.17201

Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17

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.

Motor vehicle: means a vehicle that is self-propelled. See Michigan Laws 324.74101

Municipal issuer: means a city, village, township, county, school district, or community college district, or an agency, instrumentality, authority, or district created by 1 or more of the foregoing that is authorized by law to issue bonds. See Michigan Laws 12.112

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

Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701

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: includes , but is not limited to, a public body's direct cost of creating, compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form available for enhanced access, including the cost of computer hardware and software, system development, employee time, and the actual cost of supplying the information or record in the form requested by the purchaser. See Michigan Laws 15.442

Oversight: Committee review of the activities of a Federal agency or program.

Pack and saddle trails: means trails and equine access locations that may be used by pack and saddle animals. See Michigan Laws 324.72101

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, partnership, corporation, organization, or association of any kind. See Michigan Laws 10.81

Person: means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 15.442

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301

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

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

Preliminary costs: includes costs of the engineering feasibility report, economic study, estimate of total cost, and cost of setting up the assessment district. See Michigan Laws 324.30901

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7

Printer: means a printer or a multifunction or "all-in-one" device that in addition to printing performs 1 or more other operations such as copying, scanning, or faxing, that is designed to be placed on a desk or other work surface, and that may use any of various print technologies, such as laser and LED (electrographic), ink jet, dot matrix, thermal, or digital sublimation. See Michigan Laws 324.17301

Private activity bonds: means bonds, notes, or other evidences of indebtedness issued as private activity bonds as authorized by law and as defined in section 141 of the internal revenue code. See Michigan Laws 12.112

Private inland lake: means an inland lake other than a public inland lake. See Michigan Laws 324.30901

Probate: Proving a will

project: means the entire project to be undertaken, including, but not limited to, the actual site remediation and its resulting economic development. See Michigan Laws 324.19601

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

Protected animal: means that term as defined in section 40103. See Michigan Laws 324.73101

Public body: means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 15.442

Public inland lake: means a lake that is accessible to the public by publicly owned lands or highways contiguous to publicly owned lands or by the bed of a stream, except the Great Lakes and connecting waters. See Michigan Laws 324.30901

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 record: means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 15.442

Pure Michigan Trail: means a trail designated as a "Pure Michigan Trail" under section 72103. See Michigan Laws 324.72101

Pure Michigan Trail Town: means a "Pure Michigan Trail Town" designated under section 72104. See Michigan Laws 324.72101

Pure Michigan Water Trail: means a water trail designated as a "Pure Michigan Water Trail" under section 72103. See Michigan Laws 324.72101

qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10

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

Rail-trail: means a former railroad bed that is in public ownership and used as a trail. See Michigan Laws 324.72101

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

Reasonable fee: means a charge calculated to enable a public body to recover over time only those operating expenses directly related to the public body's provision of enhanced access. See Michigan Laws 15.442

Recreation improvement account: means the recreation improvement account of the Michigan conservation and recreation legacy fund provided for in section 2020. See Michigan Laws 324.71101

Recreational projects: means , in addition to the activities provided for in this part, the construction, maintenance, and operation of trails and associated facilities that may be used by off-road vehicles, cross-country skiers, horseback riders, and hikers, and inland lake cleanup grants as provided by part 309. See Michigan Laws 324.71101

Recyclable materials: means that term as it is defined in section 11505. See Michigan Laws 324.17501

Recycler: means a person who as a principal component of business operations acquires covered electronic devices and sorts and processes the covered electronic devices to facilitate recycling or resource recovery techniques. See Michigan Laws 324.17301

Recycling: means an action or process, such as separation, sorting, baling, or shipping, applied to reportable recyclable materials for the purposes of reuse or conversion into raw materials or new products. See Michigan Laws 324.17501

Recycling establishment: means an establishment engaged in recycling of, or brokering of, reportable recyclable materials. See Michigan Laws 324.17501

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.

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11

Response activity: means that term as it is defined in part 201 or corrective action as defined in part 213. See Michigan Laws 324.19601

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

Retailer: means a place of business that offers consumer products for sale to the general public. See Michigan Laws 10.121

Retailer: means a person who sells or offers to sell batteries to consumers within this state. See Michigan Laws 324.17101

Retailer: means a person that sells a covered electronic device to a consumer by any means, including transactions conducted through sales outlets, catalogs, mail order, or the internet, whether or not the person has a physical presence in this state. See Michigan Laws 324.17301

River management: means the control of river flow by the operation of dams, reservoirs, conduits, and other human-made devices in order to improve and expand the uses of the river for those who depend upon it for a variety of private and public benefits. See Michigan Laws 324.31101

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, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4

seal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a

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: is a lways mandatory and "may" is always discretionary. See Michigan Laws 206.2

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

Small business: means a business with 10 or fewer employees. See Michigan Laws 324.17301

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 15.442

Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4

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 issuer: means the state of Michigan, an agency, authority, or other instrumentality created by the laws of this state, the governing body of which is composed of members elected by the people or appointed in whole or in part by a state officer, or a state college or university listed or described in section 4 of article VIII of the state constitution of 1963, which entity is authorized to issue bonds. See Michigan Laws 12.112

State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74101

State park improvement account: means the state park improvement account of the Michigan conservation and recreation legacy fund provided for in section 2030. See Michigan Laws 324.74101

State park revenues: means all revenues collected for state parks, including but not limited to, revenue from recreation passport fees, motor vehicle permits, concession fees, nonmotorized trail permits, fees, leases, camping fees, sale of farm animals from Maybury state park, donations, and gifts. See Michigan Laws 324.74101

Statewide trail network: means the statewide trail network established in section 72114. See Michigan Laws 324.72101

Statute: A law passed by a legislature.

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.

takeback program: means a computer takeback program or a video display device takeback program. See Michigan Laws 324.17301

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

Thermostat: means a consumer product that uses a switch that contains mercury or a mercury compound to sense and control room temperature, including room temperature in residential, commercial, industrial, and other buildings, by communicating with heating, ventilating, or air-conditioning equipment. See Michigan Laws 324.17201

Third party: means a person who requests a geographical information system or output from a geographical information system under this act. See Michigan Laws 15.442

Trail: means a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel. See Michigan Laws 324.72101

trail: means a right-of-way adapted to foot or horseback travel. See Michigan Laws 324.72301

Treasurer: means the state treasurer or a deputy or employee of the department of treasury that the state treasurer authorizes to act under this act. See Michigan Laws 12.112

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.

Unified volume limitation: means the ceiling for this state on the aggregate amount of bonds that may be issued by all issuers in the state as prescribed by section 146 of the internal revenue code for a particular year. See Michigan Laws 12.112

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

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

Video display device: means an electronic device with a viewable screen of 4 inches or larger that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite. See Michigan Laws 324.17301

Video display device takeback program: means a program required under section 17305(d). See Michigan Laws 324.17301

village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9

Water trail: means a designated route on a body of water. See Michigan Laws 324.72101

Watershed: means the drainage area of a stream. See Michigan Laws 324.31101

Watershed: means a geographic area in the state within which surface water drains into a common river, stream, or body of water. See Michigan Laws 324.31201

Watershed alliance: means an organization established under section 31202. See Michigan Laws 324.31201

Zinc carbon battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an electrolyte consisting of ammonium chloride or a zinc chloride solution, or both. See Michigan Laws 324.17101