§ 37.2401 Definition
§ 37.2402 Educational institution; prohibited practices
§ 37.2402a Designation of racial or ethnic classification in writing developed by educational institution; transmission of information to federal agency; “writing” defined
§ 37.2403 Religious educational institution; exemption
§ 37.2404 Private educational institution; exemption
§ 37.2404a Single-gender school, class, or program; definitions

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Terms Used In Michigan Laws > Chapter 37 > Act 453 of 1976 > Article 4

  • 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.
  • Age: means chronological age except as otherwise provided by law. See Michigan Laws 37.2103
  • Agency: means a department of this state or a local department or agency, including public departments or agencies in a county, city, village, or township that in the course of conducting its business has or maintains access to federal information databases. See Michigan Laws 15.652
  • Agency: means a governmental agency. See Michigan Laws 15.671
  • 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 conservation easement: means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. 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
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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.
  • Billing address: means the location indicated in the books and records of the financial institution on the first day of the tax year or on a later date in the tax year when the customer relationship began as the address where any notice, statement, or bill relating to a customer's account is mailed. See Michigan Laws 206.651
  • Biological diversity: means the full range of variety and variability within and among living organisms and the natural associations in which they occur. See Michigan Laws 324.35501
  • Blind trust: means a qualified blind trust or qualified diversified trust as those terms are defined in 5 C. See Michigan Laws 15.703
  • Board: means a board, commission, committee, or subcommittee in the department that has authority in regulatory actions concerning private individuals or entities. See Michigan Laws 15.481
  • Board: means board of county road commissioners. See Michigan Laws 324.35701
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City street: means city major street or city local street as described in section 9 of Act No. See Michigan Laws 324.35701
  • Commercial domicile: means the headquarters of the trade or business, that is the place from which the trade or business is principally managed and directed, or if a financial institution is organized under the laws of a foreign country, of the Commonwealth of Puerto Rico, or any territory or possession of the United States, such financial institution's commercial domicile shall be deemed for the purposes of this chapter to be the state of the United States or the District of Columbia from which such financial institution's trade or business in the United States is principally managed and directed. See Michigan Laws 206.651
  • Commission: means the civil service commission. See Michigan Laws 15.462
  • Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.2103
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Committee: means the joint legislative working committee on biological diversity created pursuant to section 35504. See Michigan Laws 324.35501
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contour change: includes any grading, filling, digging, or excavating that significantly alters the physical characteristic of a critical dune area, except that which is involved in sand dune mining as defined in part 637. See Michigan Laws 324.35301
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable monetary value to a person, made for or allocated to the purpose of defending an elected official in a criminal, civil, or administrative action that arises directly out of the conduct of the elected official's governmental duties. See Michigan Laws 15.523
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County local road: means county local road as described in section 4 of Act No. See Michigan Laws 324.35701
  • Credit card: means a credit, travel, or entertainment card. See Michigan Laws 206.651
  • credit card holder is located in this state: means a borrower, other than a credit card holder, that is engaged in a trade or business which maintains its commercial domicile in this state, or a borrower that is not engaged in a trade or business or a credit card holder whose billing address is in this state. See Michigan Laws 206.651
  • Crest: means the line at which the first lakeward facing slope of a critical dune ridge breaks to a slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20 feet, if the areal extent where this break occurs is greater than 1/10 acre in size. See Michigan Laws 324.35301
  • Critical dune area: means a geographic area designated in the "atlas of critical dune areas" dated February 1989 that was prepared by the department of natural resources. See Michigan Laws 324.35301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 15.481
  • Department: means the department of state. See Michigan Laws 15.703
  • Department: means the department of civil rights or its employees. See Michigan Laws 37.2103
  • 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 324.35301
  • department: means the department of natural resources. See Michigan Laws 324.35801
  • department: means the department of natural resources. See Michigan Laws 324.35901
  • Department: means the department of environmental quality. See Michigan Laws 324.63201
  • 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.
  • Designated state official: means :
    (i) For an election affecting employees and officers in the judicial branch of state government, the state court administrator. See Michigan Laws 15.562
  • 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.
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • Earned income: means salaries, wages, tips, bonuses, commissions, or other compensation or earnings from employment earned during the reporting period. See Michigan Laws 15.703
  • 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
  • Ecosystem: means an assemblage of species, together with the species' physical environment, considered as a unit. See Michigan Laws 324.35501
  • educational institution: means a public or private institution, or a separate school or department thereof, and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school; and includes an agent of an educational institution. See Michigan Laws 37.2401
  • Elected official: means an individual who holds an elective office in state or local government in this state. See Michigan Laws 15.523
  • Elective office: means a public office filled by an election. See Michigan Laws 15.523
  • Employee: means a person who is employed by or is an employee of a federal agency, an institution of higher education, a local unit of government, or a state agency. See Michigan Laws 15.501
  • Employee: means an individual employed by this state, an individual working for a private business entity under contract with this state, an individual working for a private business entity under contract with a county, city, village, or township, or an individual who is employed by a county, city, village, or township. See Michigan Laws 15.652
  • Employee or agent: means any of the following:
  •     (i) An individual who is employed by, or under contract with, an agency. See Michigan Laws 15.671
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • 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
  • Federal agency: means an agency, board, bureau, commission, department, division, office, or subdivision thereof of the federal government. See Michigan Laws 15.501
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federal tax information: means any information created by the recipient that is derived from federal return or return information received from the Internal Revenue Service or obtained through a secondary source such as the Social Security Administration, Federal Office of Child Support Enforcement, Bureau of the Fiscal Service, or Centers for Medicare and Medicaid Services, or another entity acting on behalf of the Internal Revenue Service pursuant to an agreement under section 6103 of the internal revenue code, 26 USC 6103. See Michigan Laws 15.652
  • FFIEC: means the federal financial institutions examination council established pursuant to section 1004 of the financial institutions regulatory and interest rate control act of 1978, Public Law 95-630, 12 USC 3303. See Michigan Laws 206.651
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States. See Michigan Laws 15.523
  • Financial institution: means any of the following:
  •     (i) A bank holding company, a national bank, a state chartered bank, a state chartered savings bank, a federally chartered savings association, or a federally chartered farm credit system institution. See Michigan Laws 206.651
  • 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.
  • Flexible spending account: means a medical expense flexible spending account in conjunction with a cafeteria plan as permitted under the federal internal revenue code of 1986. See Michigan Laws 15.562
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foredune: means 1 or more low linear dune ridges that are parallel and adjacent to the shoreline of a Great Lake and are rarely greater than 20 feet in height. See Michigan Laws 324.35301
  • 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 agricultural preservation fund created in section 36202. See Michigan Laws 324.36101
  • Fund: means the nonferrous metallic mineral surveillance fund created in section 63217. See Michigan Laws 324.63201
  • 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
  • Gender identity or expression: means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual's assigned sex at birth. See Michigan Laws 37.2103
  • Genetic diversity: means the differences in genetic composition within and among populations of a given species. See Michigan Laws 324.35501
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross business: means the sum of the following less transactions between those entities included in a unitary business group:
  •     (i) Fees, commissions, or other compensation for financial services. See Michigan Laws 206.651
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habitat: means the area or type of environment in which an organism or biological population normally lives or occurs. See Michigan Laws 324.35501
  • Immediate family member: means a grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild. See Michigan Laws 15.481
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution of higher education: means a public or private institution of a state which offers a degree or course of study beyond the twelfth grade. See Michigan Laws 15.501
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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
  • Legal defense fund: means all contributions received, held, or expended for the legal defense of an elected official. See Michigan Laws 15.523
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes the whole or part of an agency permit, certificate, approval, registration, charter, or similar form of permission required by law. See Michigan Laws 24.205
  • Licensing: includes agency activity involving the grant, denial, renewal, suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of a license. See Michigan Laws 24.205
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Loan: means any extension of credit resulting from direct negotiations between the financial institution and its customer, or the purchase, in whole or in part, of such extension of credit from another. See Michigan Laws 206.651
  • Loan secured by real property: means that 50% or more of the aggregate value of the collateral used to secure a loan or other obligation, when valued at fair market value as of the time the original loan or obligation was incurred, was real property. See Michigan Laws 206.651
  • Lobbyist: means that term as defined in section 5 of 1978 PA 472, MCL 4. See Michigan Laws 15.703
  • Lobbyist agent: means that term as defined in section 5 of 1978 PA 472, MCL 4. See Michigan Laws 15.703
  • 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 city, county, township, village, school district, intermediate school district, or subdivision thereof of this state or any other state. See Michigan Laws 15.501
  • Local unit of government: means a city, village, township, or county, a municipal electric utility system as defined in section 4 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460. See Michigan Laws 15.562
  • Majority leader: see Floor Leaders
  • Medical benefit plan: means a plan established and maintained by a carrier, a voluntary employees' beneficiary association described in section 501(c)(9) of the internal revenue code of 1986, 26 USC 501, or by 1 or more public employers, that provides for the payment of medical benefits, including, but not limited to, hospital and physician services, prescription drugs, and related benefits, for public employees or elected public officials. See Michigan Laws 15.562
  • Medical benefit plan coverage year: means the 12-month period after the effective date of the contractual or self-insured medical coverage plan that a public employer provides to its employees or public officials. See Michigan Laws 15.562
  • Medical benefits: means medical, optical, or dental benefits, including, but not limited to, hospital and physician services, prescription drugs, and related benefits. See Michigan Laws 15.582
  • Metallic product: means a commercially salable mineral produced primarily for its nonferrous metallic mineral content in its final marketable form or state. See Michigan Laws 324.63201
  • Michigan obligations: means a bond, note, or other obligation issued by a governmental unit described in section 3 of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 206.651
  • Michigan register: means the publication described in section 8. See Michigan Laws 24.205
  • Mineral: means that term as defined in section 2 of the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b
  • Mining area: means an area of land from which earth material is removed in connection with nonferrous metallic mineral mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment plants and auxiliary facilities are located, the lands on which the water reservoirs used in the nonferrous metallic mineral mining process are located, and auxiliary lands that are used in connection with the mining. See Michigan Laws 324.63201
  • Mining permit: means a permit issued under this part for conducting nonferrous metallic mineral mining and reclamation operations. See Michigan Laws 324.63201
  • Model zoning plan: means the model zoning plan provided for in section 35304 to 35309 and 35311a to 35324. See Michigan Laws 324.35301
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: means a city, village, or township. See Michigan Laws 324.301
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National origin: includes the national origin of an ancestor. See Michigan Laws 37.2103
  • Native vegetation: means original or indigenous plants of this state including trees, shrubs, vines, wild flowers, aquatic plants, or ground cover. See Michigan Laws 324.35701
  • Natural: means in a state provided by nature, without human-made changes, wild, or uncultivated. See Michigan Laws 324.35701
  • Natural area: means a tract of state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:
  •     (i) Has retained or reestablished its natural character, or has unusual flora and fauna or biotic, geologic, scenic, or other similar features of educational or scientific value, but it need not be undisturbed. See Michigan Laws 324.35101
  • Nonferrous metallic mineral: means any ore or material to be excavated from the natural deposits on or in the earth for its metallic content, but not primarily for its iron or iron mineral content, to be used for commercial or industrial purposes. See Michigan Laws 324.63201
  • 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
  • Notice of objection: means the record adopted by the committee that indicates the committee's formal objection to a proposed rule. See Michigan Laws 24.205
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means , unless expressly stated otherwise, the office of performance and transformation. See Michigan Laws 24.205
  • 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
  • operator: means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for nonferrous metallic minerals, whether individually or jointly, or through agents, employees, or contractors. See Michigan Laws 324.63201
  • Opioid antagonist: means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the United States Food and Drug Administration for the treatment of drug overdose. See Michigan Laws 15.671
  • Opioid-related overdose: means a condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, that results from the consumption or use of an opioid or another substance with which an opioid was combined or that a reasonable person would believe to be an opioid-related overdose that requires medical assistance. See Michigan Laws 15.671
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.36101
  • Participation: means an extension of credit in which an undivided ownership interest is held on a pro rata basis in a single loan or pool of loans and related collateral. See Michigan Laws 206.651
  • 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
  • Permit: means a permit for a use within a critical dune area under this part. See Michigan Laws 324.35301
  • 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
  • Permittee: means a person who holds a mining permit. See Michigan Laws 324.63201
  • Person: means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly. See Michigan Laws 15.523
  • 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: 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: means any natural person, corporation, association, partnership, receiver, trustee, judiciary or common law trust, guardian, executor, administrator, or fiduciary of any kind. See Michigan Laws 324.63301
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planning commission: means the body or entity within a local government that is responsible for zoning and land use planning for the local unit of government. See Michigan Laws 324.35301
  • Planning commission: means a planning commission created under the Michigan planning enabling act, 2008 PA 33, MCL 125. See Michigan Laws 324.36101
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means a municipal corporation, county, county road commission, school district, community college district, public library, port district, metropolitan district, or transportation authority or a combination of 2 or more of these when acting jointly; a district or authority authorized by law or formed by 1 or more political subdivisions; or an agency, department, court, board, or council of a political subdivision. See Michigan Laws 15.671
  • 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.
  • Processing of a rule: means the action required or authorized by this act regarding a rule that is to be promulgated, including the rule's adoption, and ending with the rule's promulgation. See Michigan Laws 24.205
  • Prohibited use: means a use that is not consistent with an agricultural use for farmland subject to a development rights agreement or is not consistent with the open space character of the land for lands subject to a development rights easement. See Michigan Laws 324.36101
  • Property taxes: means general ad valorem taxes levied after January 1, 1974, on lands and structures in this state, including collection fees, but not including special assessments, penalties, or interest. See Michigan Laws 324.36101
  • Public employee: means a person holding a position by appointment or employment in the government of this state; in the government of 1 or more of the political subdivisions of this state; in the public school service; in a public or special district; in the service of an authority, commission, or board of this state or a political subdivision of this state; or in any other branch of the public service. See Michigan Laws 15.582
  • Public employer: means this state; a local unit of government or other political subdivision of this state; any intergovernmental, metropolitan, or local department, agency, or authority, or other local political subdivision; a school district, a public school academy, or an intermediate school district, as those terms are defined in section 4 to 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 15.562
  • Public employer: means a county, township, village, city, authority, school district, or other political subdivision of this state and includes any entity jointly created by 2 or more public employers. See Michigan Laws 15.601
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public officer: means all of the following:
  •     (i) A state representative. See Michigan Laws 15.703
  • 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
  • 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.
  • Receiving agency: means a federal agency, institution of higher education, local unit of government, or a state agency which receives an employee from a sending agency pursuant to this act. See Michigan Laws 15.501
  • Record: means information that is inscribed on a paper or electronic medium. See Michigan Laws 24.205
  • Regular place of business: means an office at which the financial institution carries on its business in a regular and systematic manner and which is continuously maintained, occupied, and used by employees of the financial institution. See Michigan Laws 206.651
  • 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.
  • 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 department: means a state department or agency that is required by the committee under this part to file 1 or more reports. See Michigan Laws 324.35501
  • Reporting period: means the preceding calendar year. See Michigan Laws 15.703
  • 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.
  • Restabilization: means restoration of the natural contours of a critical dune to the extent practicable, the restoration of the protective vegetative cover of a critical dune through the establishment of indigenous vegetation, and the placement of snow fencing or other temporary sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand. See Michigan Laws 324.35301
  • Return: means any tax or information return, estimated tax declaration, or refund claim, and includes amendments, supplements, supporting schedules, attachments, or lists required by or permitted under the internal revenue code and filed with the Internal Revenue Service by, on behalf of, or with respect to any person or entity. See Michigan Laws 15.652
  • Return information: means any information collected or generated by the Internal Revenue Service with regard to any person's liability or possible liability under the internal revenue code. See Michigan Laws 15.652
  • Rolling stock: means railroad freight or passenger cars, locomotives, or other rail cars. See Michigan Laws 206.651
  • Royalty interest: means that share of the product or profit that the owner of the land or mineral rights in the land reserves or is entitled to, whether under a lease or under this part, in consideration of permitting the development of the mineral rights. See Michigan Laws 324.63301
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • School district: means a school district, local act school district, or intermediate school district as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 15.601
  • seal: shall be construed to include any of the following:
  •     (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Sending agency: means a federal agency, institution of higher education, local unit of government, or a state agency which sends an employee to a receiving agency pursuant to this act. See Michigan Laws 15.501
  • 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.
  • Sexual orientation: means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation. See Michigan Laws 37.2103
  • 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
  • Special use project: means any of the following:
  •     (i) A proposed use in a critical dune area for an industrial or commercial purpose regardless of the size of the site. See Michigan Laws 324.35301
  • Species diversity: means the richness and variety of native species. See Michigan Laws 324.35501
  • Spouse: means an individual who is lawfully married to a public officer as described under 26 C. See Michigan Laws 15.703
  • State: means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. See Michigan Laws 15.671
  • 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 agency: means an agency, board, bureau, commission, department, division, office, or subdivision thereof of this state or another state. See Michigan Laws 15.501
  • State income tax act: means the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 324.36101
  • State land use agency: means the department of agriculture and rural development. See Michigan Laws 324.36101
  • State strategy: means the recommended state strategy prepared by the committee. See Michigan Laws 324.35501
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Street: means city street or village street. See Michigan Laws 324.35701
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantially undeveloped: means any parcel or area of land essentially unimproved except for a dwelling, building, structure, road, or other improvement that is incidental to agricultural and open space uses. See Michigan Laws 324.36101
  • Sustained yield: means the achievement and maintenance in perpetuity of regular periodic output of the various renewable resources without impairment of the productivity of the land. See Michigan Laws 324.35501
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Top-tiered parent entity: means the highest level entity within the unitary business group that is required to file with a regulatory agency under the standards prescribed by the FFIEC. See Michigan Laws 206.651
  • Total equity capital: means that same amount reported by the financial institution or top-tiered parent entity, in the case of a unitary business group of financial institutions, and as reported for the tax year on any of the following forms or successor forms listed in this subdivision and designated by the FFIEC, that are filed with the office of the comptroller of the currency, the Federal Deposit Insurance Corporation, or the Federal Reserve System:
  •     (i) The consolidated financial statement for holding companies, FR Y-9C. See Michigan Laws 206.651
  • Transportation property: means vehicles and vessels capable of moving under their own power, such as aircraft, trains, water vessels, and motor vehicles, as well as any equipment or containers attached to such property, such as rolling stock, barges, or trailers. See Michigan Laws 206.651
  • Treasurer: means the individual designated as responsible for a legal defense fund's record keeping, report preparation, or report filing or, in the absence of such an individual, the elected official who is the beneficiary of the legal defense fund. See Michigan Laws 15.523
  • Trustee: A person or institution holding and administering property in trust.
  • Unearned income: means income that is not earned from employment, including, but not limited to, financial prize, unemployment benefits, annuities, stock dividends, deferred compensation, pension, profit sharing, or retirement income. See Michigan Laws 15.703
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • United States obligations: means all obligations of the United States exempt from taxation under 31 USC 3124(a) or exempt under the United States constitution or any federal statute, including the obligations of any instrumentality or agency of the United States that are exempt from state or local taxation under the United States constitution or any statute of the United States. See Michigan Laws 206.651
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Use: means a developmental, silvicultural, or recreational activity done or caused to be done by a person that significantly alters the physical characteristic of a critical dune area or a contour change done or caused to be done by a person. See Michigan Laws 324.35301
  • Village street: means village major street or village local street as described in section 9 of Act No. See Michigan Laws 324.35701
  • Wild area: means a tract of undeveloped state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:
  •     (i) Is less than 3,000 acres of state land. See Michigan Laws 324.35101
  • Wilderness area: means a tract of undeveloped state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:
  •     (i) Has 3,000 or more acres of state land or is an island of any size. See Michigan Laws 324.35101
  • Zoning ordinance: means an ordinance of a local unit of government that regulates the development of critical dune areas within the local unit of government pursuant to the requirements of this part. See Michigan Laws 324.35301