Michigan Laws > Chapter 445 > Act 229 of 2013 > Article 1
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| § 445.2511 | Short title |
| § 445.2512 | Definitions |
| § 445.2513 | Inapplicability of Article 2 to certain entities or uses |
| § 445.2514 | Inapplicability of Article 3 to certain entities or uses |
Terms Used In Michigan Laws > Chapter 445 > Act 229 of 2013 > Article 1
- Access service: means access to a local exchange network for the purpose of enabling a provider to originate or terminate telecommunication services within the local exchange. See Michigan Laws 484.2102
- Accident: means an event involving an aircraft that is in-flight or taxiing, resulting in death or injury to any person, damage to the aircraft affecting its ability to safely operate, or damage to public property or property of another person. See Michigan Laws 259.2
- 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.
- Aeronautical facilities: means any device, physical or otherwise, that is an object of nature or that is human-made, that aids and is used in aeronautics. See Michigan Laws 259.2
- Aeronautics: means any act or matter that treats or deals with flight in the airspace. See Michigan Laws 259.2
- 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.
- Agent: means the person or persons agreed to or selected by the contractor and the public agency pursuant to section 4(2). See Michigan Laws 125.1561
- Air navigation: means the operation or navigation of aircraft in the airspace over the land and waters of this state. See Michigan Laws 259.2
- Aircraft: means any contrivance used or designed for navigation of or flight in the air. See Michigan Laws 259.2
- Airman: means any individual, including the 1 in command, and any pilot, mechanic, or member of the crew, who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repair of aircraft, and any individual who serves in the capacity of aircraft dispatcher or air traffic control tower operator. See Michigan Laws 259.2
- Airport: means a publicly owned airport licensed by the department under section 86 and includes all airport facilities at the airport. See Michigan Laws 259.138
- Airport: means any location, either on land or water, that is used for the landing or take-off of aircraft, and includes the buildings and facilities, if any, on that location. See Michigan Laws 259.2
- Airport approach plan: means a plan, or an amendment to a plan, adopted under section 12 of the airport zoning act, 1950 (Ex Sess) PA 23, MCL 259. See Michigan Laws 259.2
- Airport facilities: means any of the following at an airport:
(i) Real or personal property, or an interest in real or personal property, used for the landing, taking off, taxiing, parking, or storing of aircraft, or for receiving or discharging passengers or cargo, an appurtenant area used for an airport building or other facility, and any appurtenant right-of-way. See Michigan Laws 259.138Airport layout plan: means a plan, or an amendment to a plan, that shows current or proposed layout of an airport and that is approved by the commission. See Michigan Laws 259.2 Airport manager: means any individual who is properly appointed and designated by the airport owner as the airport manager, and who is responsible for the supervision and operation of the airport to the airport owner. See Michigan Laws 259.2 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 Approval date: means , for airports certificated under 14 C. See Michigan Laws 259.138 Architect or professional engineer: means an architect or professional engineer licensed under Act No. See Michigan Laws 125.1561 Arrest: Taking physical custody of a person by lawful authority. Assessment district: means the real property within a distinct area upon which special assessments are levied or imposed for the construction, reconstruction, betterment, replacement, or repair of a facility to be paid for by funds derived from those special assessments imposed or levied on the benefited real property. See Michigan Laws 125.1561 Authority: means an Indian housing authority created pursuant to section 2. See Michigan Laws 125.1551 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Bequest: Property gifted by will. board: means a board created pursuant to section 4. See Michigan Laws 125.1572 Board: means the governing body of a regional authority appointed under section 140. See Michigan Laws 259.138 Board: means the wind energy resource zone board created under section 143. See Michigan Laws 460.1003 case: means a proceeding as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 484.2102 center: means a building described in section 3. See Michigan Laws 125.1572 Chief executive officer: means the chief administrative officer of a regional authority. See Michigan Laws 259.138 Clean energy: means electricity or steam generated using a clean energy system. See Michigan Laws 460.1003 Commission: means the Michigan aeronautics commission. See Michigan Laws 259.3 Commission: means the Michigan public service commission. See Michigan Laws 460.1003 Commission: means the Michigan public service commission. See Michigan Laws 484.2102 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. Consumer: means an individual who resides in this state. See Michigan Laws 445.2512 Consumer reporting agency: means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports. See Michigan Laws 445.2512 contract: means a written agreement between a contractor and a public agency for the construction, alteration, demolition, or repair of a facility, other than a contract having a dollar value of less than $30,000. See Michigan Laws 125.1561 Contract documents: means the construction contract; instructions to bidders; proposal; conditions of the contract; performance bond; labor and material bond; drawings; specifications; all addenda issued before execution of the construction contract and all modifications issued subsequently. See Michigan Laws 125.1561 Contractor: means an individual, sole proprietorship, partnership, corporation, or joint venture, that is a party to a construction contract with a public agency. See Michigan Laws 125.1561 Contractor: means a person who contracts with a governmental entity to improve real property or perform or manage construction services. See Michigan Laws 125.1591 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. Corporation: means a corporation organized pursuant to this act. See Michigan Laws 125.1603 costs: means the cost of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing a project. See Michigan Laws 125.1603 Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Credit report: means any written, oral, or other communication of any information by a consumer reporting agency that is related to a consumer's creditworthiness, credit standing, or credit capacity, and is issued or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit. See Michigan Laws 445.2512 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of commerce. See Michigan Laws 125.1572 Department: means the state transportation department, bureau of aeronautics. See Michigan Laws 259.3 Devise: To gift property by will. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Educational institution: means a local school district, an intermediate school district, or a college, university, community college, or junior college within this state. See Michigan Laws 125.1572 Educational institution: means a public educational institution or a private non-profit educational institution approved by the department of education to provide a program of primary, secondary, or higher education, a public library, or a nonprofit association or consortium whose primary purpose is education. See Michigan Laws 484.2102 Efficient electrification measures plan: means a plan to offer and promote efficient electrification measures. See Michigan Laws 460.1005 Electric provider: means any of the following:
(i) Any person or entity that is regulated by the commission for the purpose of selling electricity to retail customers in this state. See Michigan Laws 460.1005Employee-owned corporation: means an employee-owned corporation as defined by the employee-owned corporation act. See Michigan Laws 125.1603 Energy conservation: means the reduction of customer energy use through the installation of measures or changes in energy usage behavior. See Michigan Laws 460.1005 Energy efficiency: means a decrease in customer consumption of electricity or natural gas achieved through measures or programs that target customer behavior, equipment, devices, or materials without reducing the quality of energy services. See Michigan Laws 460.1005 Energy storage system: means any technology that is capable of absorbing energy, storing the energy for a period of time, and redelivering the energy. See Michigan Laws 460.1005 Energy waste reduction credit: means a credit certified pursuant to section 87 that represents achieved energy waste reduction. See Michigan Laws 460.1005 Energy waste reduction plan: means a plan under section 71. See Michigan Laws 460.1005 Energy waste reduction standard: means the minimum energy savings required to be achieved under section 77. See Michigan Laws 460.1005 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Ex officio: Literally, by virtue of one's office. Exchange: means 1 or more contiguous central offices and all associated facilities within a geographical area in which basic local exchange service is offered by a provider. See Michigan Laws 484.2102 FAA: means the Federal Aviation Administration of the United States Department of Transportation, or any successor agency. See Michigan Laws 259.138 Facility: means a building, utility, road, street, boulevard, parkway, bridge, ditch, drain, levee, dike, sewer, park, playground, or other structure or work that is paid for with public funds or a special assessment. See Michigan Laws 125.1561 Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC 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. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. File: means all of the information about a consumer that is recorded and retained by a consumer reporting agency regardless of how the information is stored. See Michigan Laws 445.2512 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. Flight instructor: means any person who possesses a valid flight instructor certificate or other airman certificate issued by the federal aviation administration authorizing that individual to instruct in aircraft. See Michigan Laws 259.4 Flight school: means any person providing or offering to provide flight training leading to pilot or flight instructor certification, for hire or compensation, and engaged in any of the following:
(i) Advertising or calling oneself a flight school or anything equivalent to a flight school. See Michigan Laws 259.4Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means the body in which the legislative powers of a municipality are vested. See Michigan Laws 125.1603 Governmental entity: means the state, a county, city, township, village, public educational institution, or any political subdivision thereof. See Michigan Laws 125.1591 Improve: means to build, alter, repair, or demolish an improvement upon, connected with, or beneath the surface of any real property, to excavate, clear, grade, fill, or landscape any real property, to construct driveways and roadways, or to perform labor upon improvements. See Michigan Laws 125.1591 Improvement: includes , but is not limited to, all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, landscaping, trees, shrubbery, driveways, and roadways on real property. See Michigan Laws 125.1591 Interconnection: means the technical arrangements and other elements necessary to permit the connection between the switched networks of 2 or more providers to enable a telecommunication service originating on the network of 1 provider to terminate on the network of another provider. See Michigan Laws 484.2102 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 Landing field: means any location, either on land or water, that is used for the landing or take-off of aircraft. See Michigan Laws 259.6 Legislative body: means the elected body of a local government that has legislative powers. See Michigan Laws 259.138 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a license issued under this act. See Michigan Laws 484.2102 Load management: means measures or programs that target equipment or behavior to result in decreased peak electricity demand such as by shifting demand from a peak to an off-peak period. See Michigan Laws 460.1007 Local calling area: means a geographic area encompassing 1 or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Michigan Laws 484.2102 Local directory assistance: means the provision by telephone of a listed telephone number within the caller's area code. See Michigan Laws 484.2102 Local exchange rate: means the monthly and usage rate, including all necessary and attendant charges, imposed for basic local exchange service to customers. See Michigan Laws 484.2102 local exchange service: means the provision of an access line and usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. See Michigan Laws 484.2102 Local government: means a county, city, township, or village that creates the regional authority. See Michigan Laws 259.138 Local governmental unit: means a county, township, city, or village within this state. See Michigan Laws 125.1572 Local public agency: means the official body of a municipality authorized to plan and implement the development and redevelopment of the municipality. See Michigan Laws 125.1603 Municipality: means a county, city, village, or township. See Michigan Laws 125.1603 Natural gas provider: means an investor-owned business engaged in the sale and distribution at retail of natural gas within this state whose rates are regulated by the commission. See Michigan Laws 460.1009 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. Operator service: means a telecommunication service that includes automatic or live assistance to a person to arrange for completion and billing of a telephone call originating within this state that is specified by the caller through a method other than 1 of the following:
(i) Automatic completion with billing to the telephone from which the call originated. See Michigan Laws 484.2102Partnership: 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. Payphone service: means a telephone call provided from a public, semipublic, or individually owned and operated telephone that is available to the public and is accessed by the depositing of coin or currency or by other means of payment at the time the call is made. See Michigan Laws 484.2102 Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 125.1591 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 259.7 Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.2102 plan: means a plan approved under section 22 or former section 21 or 23 or found to comply with this act under former section 25, with any amendments adopted under this act. See Michigan Laws 460.1011 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Political subdivision: means a county, city, village, or township of this state, and any other political subdivision, public corporation, authority, or district in this state that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports, landing fields, and other aeronautical facilities. See Michigan Laws 259.7 Pollution control facilities: means water or air pollution control equipment or solid waste disposal facilities located within or without the limits of the municipality. See Michigan Laws 125.1603 Progress payment: means a payment by a public agency to a contractor for work in place under the terms of a construction contract. See Michigan Laws 125.1561 Project: means land or an interest in land, existing or planned improvements, machinery, furnishings, or equipment suitable for use by any of the following:
(i) An industrial or commercial enterprise, including agricultural and forestry enterprises and enterprises designed to produce energy from renewable resources. See Michigan Laws 125.1603Project area: means that land area or an interest in a land area within the municipality which will be acquired in the implementation of a project or which will be the permanent site of machinery, furnishings, or equipment constituting all or part of a project. See Michigan Laws 125.1603 Project citizens district council: means a project citizens district council established pursuant to this act. See Michigan Laws 125.1603 Project district area: means that portion of a municipality and any area adjacent to a municipality, as determined by its governing body, which contains a project area and the surrounding territory that will be significantly affected by a project. See Michigan Laws 125.1603 Project plan: means that information and those requirements for a project set forth in section 8. See Michigan Laws 125.1603 Protected consumer: means either of the following:
(i) An individual who is under 16 years of age at the time a request for the placement of a security freeze is made. See Michigan Laws 445.2512Provider: means an electric provider or a natural gas provider. See Michigan Laws 460.1009 provider: means a person that for compensation provides 1 or more telecommunication services. See Michigan Laws 484.2102 Public agency: means this state, or a county, city, township, village, assessment district, or other political subdivision, corporation, commission, agency, or authority created by law. See Michigan Laws 125.1561 Real property: means the real estate that is improved, including, but not limited to, lands, leaseholds, tenements, hereditaments, and improvements placed on the real property. See Michigan Laws 125.1591 Record: means a compilation of information that meets all of the following:
(i) Identifies a protected consumer. See Michigan Laws 445.2512Regional authority: means a regional airport authority created under section 139 and governed by a board. See Michigan Laws 259.138 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. Renewable energy: means electricity or steam generated using a renewable energy system. See Michigan Laws 460.1011 Renewable energy credit: means a credit granted under a certification and tracking program established under section 41, which represents generated renewable energy. See Michigan Laws 460.1011 Renewable energy system: means a facility, electricity generation system, or set of electricity generation systems that use 1 or more renewable energy resources to generate electricity or steam. See Michigan Laws 460.1011 Representative: means an individual who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Michigan Laws 445.2512 retained funds: means the amount withheld from a progress payment to a contractor pursuant to section 3. See Michigan Laws 125.1561 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 259.7 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecurity freeze: means a restriction placed on a consumer's credit report at the request of the consumer that prohibits a consumer reporting agency from releasing the consumer's credit report or any information derived from the consumer's credit report without the express authorization of or on behalf of the consumer. See Michigan Laws 445.2512 Service of process: The service of writs or summonses to the appropriate party. services: includes regulated and unregulated services offered to customers for the transmission of 2-way interactive communication and associated usage. See Michigan Laws 484.2102 shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Site: means , except as used in part 8, a contiguous site, regardless of the number of meters at that site. See Michigan Laws 460.1013 Solid waste disposal facilities: means buildings, plants, structures, equipment, or facilities and their appurtenances, together with land or an interest in land or a portion of land, for the purpose of treating, shredding, compression, high temperature incineration, pyrolization, separation, or any other technology for recovery, transporting, storing, or the final placement and disposal of solid wastes resulting from any process of industry, manufacture, trade, or business, from the development, processing, or recovery of any natural resources, or from the operation of any public utility. See Michigan Laws 125.1603 Sponsor: means a public agency authorized by 49 USC 47101 to 47134 to submit requests for, accept, and be responsible for performing all of the assurances associated with accepting grant agreements with respect to airports from the FAA or this state, and to perform some duties and responsibilities previously assumed by the local government that owns or operates the airport before the transfer of operational jurisdiction of the airport to an authority created under this chapter by virtue of the local government's acceptance before the approval date of grants for the benefit of the airport from the FAA or another agency of the United States or this state. See Michigan Laws 259.138 State institution of higher education: means an institution of higher education described in sections 4, 5, and 6 of article VIII of the state constitution of 1963. See Michigan Laws 484.2102 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Sufficient proof of authority: means documentation that shows that a representative has authority to act on behalf of a protected consumer, including, but not limited to, any of the following:
(i) An order issued by a court of law. See Michigan Laws 445.2512Toll service: means the transmission of 2-way interactive switched communication between local calling areas. See Michigan Laws 484.2102 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. Total service long run incremental cost: means , given current service demand, including associated costs of every component necessary to provide the service, 1 of the following:
(i) The total forward-looking cost of a telecommunication service, relevant group of services, or basic network component, using current least cost technology that would be required if the provider had never offered the service. See Michigan Laws 484.2102Transit-oriented development: means infrastructure improvements that are located within 1/2 mile of a transit station or transit-oriented facility that promotes transit ridership or passenger rail use. See Michigan Laws 125.1603 Transit-oriented facility: means a facility that houses a transit station in a manner that promotes transit ridership or passenger rail use. See Michigan Laws 125.1603 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Utility system resource cost test: means a standard that is met for an investment in energy waste reduction if, on a life cycle basis, using a real societal discount rate based on actual long-term United States treasury bond yields, the total avoided supply-side costs to the provider, including representative values for electricity or natural gas supply, transmission, distribution, and other associated costs, are greater than the total costs to the provider of administering and delivering the energy waste reduction program, including net costs for any provider incentives paid by customers and capitalized costs recovered under section 89. See Michigan Laws 460.1013 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Vehicle: means any device in, upon, or by which a person or property is or may be transported, except an aircraft. See Michigan Laws 259.9 Verdict: The decision of a petit jury or a judge. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Water and air pollution control equipment: means buildings, plants, structures, equipment, or facilities and their appurtenances, together with land or an interest in land or a portion of land, for the purpose of controlling, eliminating, recovering, removing, reducing, dispersing, treating, or neutralizing atmospheric or water pollutants, including liquid, gaseous, or solid substances or discharges or radiation, or cooling the temperature of atmospheric or water pollutants, or any liquid, gas, or solid, resulting from any process of industry, manufacture, trade, or business; the development, processing, or recovery of any natural resources; or the operation of any public utility, any of which may pollute or may tend to pollute or affect the water or air of this state or adjacent to this state. See Michigan Laws 125.1603