Michigan Laws > Chapter 445 > E.R.O. No. 2012-5 – Executive Reorganization Order
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Terms Used In Michigan Laws > Chapter 445 > E.R.O. No. 2012-5 - Executive Reorganization Order
- Active business operations: means all business operations that are not inactive business operations. See Michigan Laws 129.292
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
- 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.
- 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.
- Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
- Application period: means the period beginning when an application for a permit is received by the state and ending when the application is considered to be administratively complete under section 1305 and any applicable fee has been paid. See Michigan Laws 324.1301
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Articles: means the articles of incorporation of an authority. See Michigan Laws 324.901
- 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.
- Authority: means a joint city-state environmental management authority created pursuant to section 902. See Michigan Laws 324.901
- 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
- Beneficiary: includes , but is not limited to, the following:
(i) In relation to a trust, a person that is a trust beneficiary as defined in section 7103. See Michigan Laws 700.1103Beneficiary designation: means the naming in a governing instrument of a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), of a pension, profit-sharing, retirement, or similar benefit plan, or of another nonprobate transfer at death. See Michigan Laws 700.1103 Bequest: Property gifted by will. Board: means the board of directors of the authority. See Michigan Laws 324.901 Boat: means a vessel. See Michigan Laws 324.80101 Business operations: means engaging in commerce in any form with a state sponsor of terror, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. See Michigan Laws 129.292 Child: means an individual less than 17 years of age. See Michigan Laws 28.258 Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103 Claim: includes , but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. See Michigan Laws 700.1103 Clearinghouse: means the missing child information clearinghouse established under section 9. See Michigan Laws 28.258 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. commission: means the environmental permit review commission established under section 1313(1). See Michigan Laws 324.1301 Commission: means the commission of natural resources. See Michigan Laws 324.301 Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife. 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. Company: means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exists for profit-making purposes. See Michigan Laws 129.292 confidential address: means that term as defined in section 3 of the address confidentiality program act. See Michigan Laws 28.291a Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101 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. Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103 Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more vessels that require certificates of number under this part. See Michigan Laws 324.80102 Decedent: A deceased person. Department: means the department of state police. See Michigan Laws 28.258 Department: means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit. See Michigan Laws 324.1301 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 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. Descendant: means , in relation to an individual, all of his or her descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this act. See Michigan Laws 700.1103 Devise: To gift property by will. Devise: means , when used as a noun, a testamentary disposition of real or personal property and, when used as a verb, to dispose of real or personal property by will. See Michigan Laws 700.1103 Director: means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director's designee. See Michigan Laws 324.1301 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Donee: The recipient of a gift. Donor: The person who makes a gift. Enhanced driver license: means an operator's or chauffeur's license issued to an individual under this act for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Enhanced official state personal identification card: means an official state personal identification card issued under this act to an individual who is a United States citizen who resides in this state for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Entitlement: 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. Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104 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. Exempt property: means property of a decedent's estate that is described in section 2404. See Michigan Laws 700.1104 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. Fiduciary: A trustee, executor, or administrator. Fiduciary: means any of the following:
(i) The Michigan legislative retirement system board of trustees for the Tier 1 retirement plan available under the Michigan legislative retirement system act, 1957 PA 261, MCL 38. See Michigan Laws 129.292Fiduciary: includes , but is not limited to, a personal representative, funeral representative, guardian, conservator, trustee, plenary guardian, partial guardian, and successor fiduciary. See Michigan Laws 700.1104 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. Fraud: Intentional deception resulting in injury to another. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing instrument: means a deed; will; trust; funeral representative designation; insurance or annuity policy; account with POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive, appointive, or nominative instrument of any similar type. See Michigan Laws 700.1104 Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration. 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. Heir: means , except as controlled by section 2720, a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent's property. See Michigan Laws 700.1104 Highly restricted personal information: includes an individual's photograph or image, Social Security number, digitized signature, and medical and disability information and source documents presented by an applicant to obtain a personal identification card under section 1. See Michigan Laws 28.291a Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.80104 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 Inactive business operations: means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for that purpose. See Michigan Laws 129.292 initiate a service credit purchase: means to complete payment or to enter into a tax-deferred payment arrangement in a form and manner prescribed by the retirement system. See Michigan Laws 38.1379b 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. Investment: means 1 or more of the following:
(i) A commitment or contribution of funds or property. See Michigan Laws 129.312Iran: means any agency or instrumentality of Iran. See Michigan Laws 129.312 Iran linked business: means either of the following:
(i) A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran. See Michigan Laws 129.312Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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. Law enforcement agency: means the department, a police agency of a city, village, or township, a sheriff's department, or any other governmental law enforcement agency in this state. See Michigan Laws 28.258 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legacy: A gift of property made by will. LEIN: means law enforcement information network regulated under the C. See Michigan Laws 28.258 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local government agency: means a county, city, village, or township in this state. See Michigan Laws 28.302 local unit: means a municipality or county. See Michigan Laws 324.301 Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship. mental disability: includes Alzheimer's disease and dementia. See Michigan Laws 28.258 Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301 Michigan vehicle code: means Act No. See Michigan Laws 324.80103 Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106 Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. See Michigan Laws 700.1106 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 Motorboat: means a vessel propelled wholly or in part by machinery. See Michigan Laws 324.80103 Municipality: means a city, village, or township. See Michigan Laws 324.301 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. Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103 Operator: means the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103 Owner: means a person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel. See Michigan Laws 324.80103 panel: means a panel of the environmental permit review commission, appointed under section 1315(2). See Michigan Laws 324.1301 Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106 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. Payor: means a trustee, insurer, business entity, employer, government, governmental subdivision or agency, or other person authorized or obligated by law or a governing instrument to make payments. See Michigan Laws 700.1106 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Person: means any of the following:
(i) An individual, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group. See Michigan Laws 129.312Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Person: means an individual or an organization. See Michigan Laws 700.1106 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal information: means information that identifies an individual, including the individual's photograph or image, name, address (but not the 5-digit zip code), driver license number, Social Security number, telephone number, digitized signature, and medical and disability information. See Michigan Laws 28.291a Personal information: means information that identifies an individual, including an individual's driver license number, name, address not including zip code, and telephone number, but does not include information on watercraft operation and equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.80104 Personal property: All property that is not real property. Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104 Port: means left, and reference is to the port side of a vessel or to the left side of the vessel. See Michigan Laws 324.80104 Power of appointment: means that term as defined in section 2 of the powers of appointment act of 1967, 1967 PA 224, MCL 556. See Michigan Laws 700.1106 Probate: Proving a will Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106 Processing deadline: means the last day of the processing period. See Michigan Laws 324.1301 Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106 Public entity: means this state or an agency or authority of this state, school district, community college district, intermediate school district, city, village, township, county, public authority, or public airport authority. See Michigan Laws 129.312 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. 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. Registrar: means the state registrar as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.258 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. Remand: When an appellate court sends a case back to a lower court for further proceedings. Residence address: means the place that is the settled home or domicile at which a person legally resides, which meets the definition of residence as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 28.291a Resident: means every person who resides in this state and establishes that he or she is legally present in the United States. See Michigan Laws 28.291a Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Scrutinized company: means , except for a company described in subdivision (i), and for a social development company or a company that only meets the criteria of this subdivision because an independently owned franchisee of that company is a scrutinized company, any company that has business operations that involve contracts with or provision of supplies or services to a state sponsor of terror; companies in which a state sponsor of terror has any direct or indirect equity share, consortiums, or projects commissioned by a state sponsor of terror; or companies involved in consortiums and projects commissioned by a state sponsor of terror and 1 or more of the following:
(i) More than 10% of the company's total revenues or assets are directly invested in or earned from or significantly contributed to a state sponsor of terror and the company has failed to take substantial action. See Michigan Laws 129.292seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nService of process: The service of writs or summonses to the appropriate party. 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. Settlement: means , in reference to a decedent's estate, the full process of administration, distribution, and closing. See Michigan Laws 700.1107 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 Social development company: means a company licensed by the United States department of treasury pursuant to the federal trade sanction reform and export enhancement act of 2000, P. See Michigan Laws 129.292 Solid waste: means solid waste as defined in part 115. See Michigan Laws 324.901 Standard driver license: means an operator's license or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.302 Standard official state personal identification card: means an official state personal identification card issued under 1972 PA 222, MCL 28. See Michigan Laws 28.302 Starboard: means right, and reference is to the starboard side of a vessel or to the right side of the vessel. See Michigan Laws 324.80104 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107 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 either the department or the governing body of the state park that is participating in an authority. See Michigan Laws 324.901 State sponsor of terror: means , subject to section 10 as to applicability, any country determined by the United States Secretary of State to have repeatedly provided support for acts of international terrorism. See Michigan Laws 129.292 Statute: A law passed by a legislature. Substantial action: means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within 1 year and to refrain from any new business operations. See Michigan Laws 129.292 Summons: Another word for subpoena used by the criminal justice system. Survive: means that an individual neither predeceases an event, including the death of another individual, nor is considered to predecease an event under section 2104 or 2702. See Michigan Laws 700.1107 Temporary ordinance: means a type of local ordinance adopted by a political subdivision of this state under section 80112a that includes, but is not limited to, a local watercraft control or administrative rule. See Michigan Laws 324.80104 Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Use: means operate, navigate, or employ. See Michigan Laws 324.80104 Venue: The geographical location in which a case is tried. Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104 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. Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104