§ 206.661 Tax base; apportionment; taxpayer subject to tax within state, within and outside state, or in another state
§ 206.663 Sales factor
§ 206.665 Sales; determination; receipts; definitions; borrower located in this state
§ 206.667 Alternative to apportionment provisions of part; rebuttable presumption; filing of return
§ 206.669 Receipts; sourcing

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Terms Used In Michigan Laws > Chapter 206 > Act 281 of 1967 > Part 2 > Chapter 14

  • Abandoned property: means an aircraft; a watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of an aircraft or watercraft; the personal property of the officers, crew, and passengers of an aircraft or watercraft; and the cargo of an aircraft or watercraft, which have been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by owners and insurers. See Michigan Laws 324.76101
  • 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
  • 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.
  • agreement: means a restrictive covenant, evidenced by an instrument in which the owner and this state, for a term of years, agree to jointly hold the right to undertake development of the land, and that contains a covenant running with the land, for a term of years, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101
  • Agricultural use: means the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; maple syrup production; Christmas trees; and other similar uses and activities. See Michigan Laws 324.36101
  • Agricultural well: means a high-capacity well that is located on a farm and is used for an agricultural purpose as that term is defined in section 32701. See Michigan Laws 324.31701
  • Allegation: something that someone says happened.
  • Ancillary facility: means any revolving credit agreement, agreement establishing a line of credit, or letter of credit; reimbursement agreement; interest rate exchange or similar agreement; currency exchange agreement; commodity exchange agreement; interest rate floor or cap; option, put, call, or similar agreement to hedge payment, currency, commodity, rate, spread, or similar exposure; investment agreement; float agreement; forward agreement or other investment arrangement; insurance contract; surety bond; commitment to purchase or sell securities; purchase or sale agreement or commitment; or other contract or agreement or other security agreement approved by the authority under this act, including without limitation any arrangement referred to in this act. See Michigan Laws 12.272
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Attorney general: means the department of the attorney general. See Michigan Laws 324.20101
  • Audit: means a post audit of financial transactions and accounts or performance audit as described in section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
  • Auditor general: means the individual appointed auditor general under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
  • Authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 12.272
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the board of directors of the authority. See Michigan Laws 12.272
  • Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101
  • Bond: means a bond, note, financial instrument, or other evidence of indebtedness or obligation issued by the authority under this act. See Michigan Laws 12.272
  • Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101
  • Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.20101
  • 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
  • Cleanup criteria for unrestricted residential use: means any of the following:
    (i) Cleanup criteria that satisfy the requirements for the residential category in section 20120a(1)(a). See Michigan Laws 324.20101
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Commission: means the Mackinac Island state park commission created in section 76503. See Michigan Laws 324.76501
  • commission: means the Mackinac Island state park commission. See Michigan Laws 324.76701
  • Committee: means the underwater salvage and preserve committee created in section 76103. See Michigan Laws 324.76101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a complaint submitted under section 31702 alleging a potential groundwater dispute. See Michigan Laws 324.31701
  • Confidential information: means information that is subject to a legal duty to not disclose its contents. See Michigan Laws 13.101
  • Construction: means the process of building a building, road, utility, or another structure, including all of the following:
  •     (i) Assembling materials. See Michigan Laws 324.31701
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • controlling board: means all boards having the care, management, or control over public school districts and public educational institutions other than a public school academy established under the revised school code, Act No. See Michigan Laws 38.73
  • 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.
  • 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 state. See Michigan Laws 15.703
  • Department: means the department of state police. See Michigan Laws 28.122
  • Department: means the department of state police. See Michigan Laws 28.172
  • 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 director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101
  • Department: means the department of environmental quality. See Michigan Laws 324.31701
  • 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.
  • Development: means an activity that materially alters or affects the existing conditions or use of any land. See Michigan Laws 324.36101
  • Development rights: means an interest in land that includes the right to construct a building or structure, to improve land for development, to divide a parcel for development, or to extract minerals incidental to a permitted use or as set forth in an instrument recorded under this part. See Michigan Laws 324.36101
  • Devise: To gift property by will.
  • Dewatering well: means a well or pump that is used to remove water from a mining operation or that is used for a limited time period as part of a construction project to remove or pump water from a surface or subsurface area and ceases to be used upon completion of the construction project or shortly after completion of the construction project. See Michigan Laws 324.31701
  • Director: means director of the department of licensing and regulatory affairs, or his or her designee. See Michigan Laws 12.272
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Director: means the director of the department of environmental quality. See Michigan Laws 324.20101
  • Director: means the director of the department or his or her designee. See Michigan Laws 324.31701
  • Director: means the director of the Mackinac Island state park commission. See Michigan Laws 324.76501
  • 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:
  • DNA identification profiling: means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample. See Michigan Laws 28.172
  • easement: means a grant, by an instrument, in which the owner relinquishes to the public in perpetuity or for a term of years the right to undertake development of the land, and that contains a covenant running with the land, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101
  • 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
  • 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.
  • Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.20101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101
  • 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.
  • Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:
  •     (i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.20101
  • Examination: means an inquiry, compilation, or review within the scope of the auditor general's authority under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
  • Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.31701
  • Farmland: means 1 or more of the following:
  •     (i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.36101
  • Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.172
  • Financial assurance: means a performance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, corporate guarantee, or other equivalent security, or any combination thereof. See Michigan Laws 324.20101
  • Financing costs: means all capitalized interest; operating and debt service reserves; costs of issuance; fees for credit and liquidity enhancements; any item of expense directly or indirectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including without limitation underwriting fees, counsel fees, fees of the attorney general, and fees and expenses of consultants, advisors, fiduciaries, and rating agencies; and other costs as the authority determines to be desirable in issuing, securing, and marketing and remarketing the bonds. See Michigan Laws 12.272
  • 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.
  • Form: means the financial disclosure form created by the department in accordance with section 11. See Michigan Laws 15.703
  • 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 cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101
  • Fund: means the aquifer protection revolving fund created in section 31710. See Michigan Laws 324.31701
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101
  • Great Lakes bottomlands preserve: means an area located on the bottomlands of the Great Lakes and extending upward to and including the surface of the water, which is delineated and set aside by rule for special protection of abandoned property of historical value, or ecological, educational, geological, or scenic features or formations having recreational, educational, or scientific value. See Michigan Laws 324.76101
  • Groundwater: means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material. See Michigan Laws 324.31701
  • Groundwater dispute: means a groundwater dispute declared by order of the director or the director of the department of agriculture and rural development under section 31703. See Michigan Laws 324.31701
  • 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.
  • Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:
  •     (i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101
  • High-capacity well: means 1 or more water wells associated with an industrial or processing facility, an irrigation facility, or a farm that, in the aggregate from all sources and by all methods, have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
  • Historical value: means value relating to, or illustrative of, Michigan history, including the statehood, territorial, colonial, and historic, and prehistoric native American periods. See Michigan Laws 324.76101
  • 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
  • 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
  • Investigating law enforcement agency: means the law enforcement agency responsible for the investigation of the offense for which the individual is arrested or convicted. See Michigan Laws 28.172
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local governing body: means 1 of the following:
  •     (i) With respect to farmland or open space land that is located in a city or village, the legislative body of the city or village. See Michigan Laws 324.36101
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Local unit of government: means a village, city, township, or county. See Michigan Laws 28.117
  • Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.20101
  • Mechanical or other assistance: means all humanmade devices, including pry bars, wrenches and other hand or power tools, cutting torches, explosives, winches, flotation bags, lines to surface, extra divers buoyancy devices, and other buoyance devices, used to raise or remove artifacts. See Michigan Laws 324.76101
  • Methamphetamine-related offense: means 1 or more of the following offenses under Michigan law:
  •     (i) A violation or attempted violation of article 7 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.122
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means any device that is self-propelled, or partially self-propelled, by which a person or property may be transported or drawn. See Michigan Laws 324.76501
  • NADDI: means the national association of drug diversion investigators. See Michigan Laws 28.122
  • NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.20101
  • natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101
  • No further action letter: means a written response provided by the department under section 20114d confirming that a no further action report has been approved after review by the department. See Michigan Laws 324.20101
  • No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101
  • 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.
  • Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101
  • 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
  • NPLEx: means the national precursor log exchange. See Michigan Laws 28.122
  • 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.
  • Open space land: means 1 of the following:
  •     (i) Land that is 1 or more of the following:
        (A) An undeveloped site included in a national registry of historic places or designated as a historic site pursuant to state or federal law. See Michigan Laws 324.36101
  • Operating expenses: means the reasonable operating expenses of the authority under this act, including without limitation the cost of preparation of accounting and other reports; costs of maintaining the ratings on the bonds; bond insurance premiums; costs of authority meetings or other required activities of the authority under this act; counsel fees, including the fees of the attorney general; fees and expenses incurred for consultants, advisors, and fiduciaries relating to bonds or activities of the authority authorized by this act; and any other costs arising from activities authorized in section 8(2). See Michigan Laws 12.272
  • Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101
  • Outstanding: means with respect to bonds, all bonds except those that have been paid in full at maturity or that are not outstanding under the terms of the applicable authority resolution, trust indenture, or trust agreement authorizing the issuance of the bonds. See Michigan Laws 12.272
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who owns a facility. See Michigan Laws 324.20101
  • Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.36101
  • Owner of a high-capacity well: means the person that owns or controls the parcel of property where a high-capacity well is located. See Michigan Laws 324.31701
  • Owner of a small-quantity well: means the person that owns or controls the parcel of property where a small-capacity well is located. See Michigan Laws 324.31701
  • Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101
  • 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.
  • Party: means a person or agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a contested case. See Michigan Laws 24.205
  • Permitted release: means 1 or more of the following:
  •     (i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101
  • Permitted use: means any use expressly authorized within a development rights agreement, development rights easement, or agriculture conservation easement that is consistent with the farming operation or that does not alter the open space character of the land, as applicable. See Michigan Laws 324.36101
  • Person: means an individual, corporation, limited or general partnership, association, joint venture, limited liability company, or a governmental entity, including this state. See Michigan Laws 12.272
  • Person: means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case. See Michigan Laws 24.205
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.31701
  • Person: includes an individual, corporation, limited liability company, business trust, estate, trust, partnership, or association, or 2 or more persons having a joint or common interest in land. See Michigan Laws 324.36101
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planning commission: means a planning commission created under the Michigan planning enabling act, 2008 PA 33, MCL 125. See Michigan Laws 324.36101
  • 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.
  • Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101
  • Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101
  • Potable water: means water that at the point of use is acceptable for human consumption. See Michigan Laws 324.31701
  • 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
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • profile: means the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record. See Michigan Laws 28.172
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 officer: means all of the following:
  •     (i) A state representative. See Michigan Laws 15.703
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a paper or electronic medium. See Michigan Laws 24.205
  • Recreational value: means value relating to an activity that the public engages in, or may engage in, for recreation or sport, including scuba diving and fishing. See Michigan Laws 324.76101
  • Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101
  • 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.
  • Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101
  • Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101
  • Report: means the financial disclosure report required under section 10 of article IV of the state constitution of 1963. See Michigan Laws 15.703
  • Reporting agency: means 1 of the following:
  •     (i) If property is seized by or forfeited to a local unit of government, that local unit of government. See Michigan Laws 28.117
  • Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101
  • Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101
  • Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • Sample: means a portion of an individual's blood, saliva, or tissue collected from the individual. See Michigan Laws 28.172
  • 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.
  • Small-quantity well: means 1 or more water wells of a person at the same location that, in the aggregate from all sources and by all methods, do not have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701
  • Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101
  • Spouse: means an individual who is lawfully married to a public officer as described under 26 C. See Michigan Laws 15.703
  • 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 land use agency: means the department of agriculture and rural development. See Michigan Laws 324.36101
  • State treasurer: means the state treasurer of this state or his or her designee, if the designee is authorized to exercise delegated signatory power for purposes of this act in a written instrument signed by the state treasurer and maintained in a permanent file. See Michigan Laws 12.272
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • teacher: as used in this act means a certificated individual employed for a full school year by any board of education or controlling board. See Michigan Laws 38.71
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • this part: includes "rules promulgated under this part". See Michigan Laws 324.20101
  • threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transportation administration collection fund: means the fund created under section 810b. See Michigan Laws 257.811d
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Water well: means an opening in the surface of the earth, however constructed, that is used for the purpose of withdrawing groundwater. See Michigan Laws 324.31701
  • Well drilling contractor: means a well drilling contractor registered under part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.31701