Michigan Laws > Chapter 4 > Act 27 of 1984 – Legislative Immunity
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Terms Used In Michigan Laws > Chapter 4 > Act 27 of 1984 - Legislative Immunity
- 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.
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Barrier dune: means the first landward sand dune formation along the shoreline of a Great Lake or a sand dune formation designated by the department. See Michigan Laws 324.63701
- Beneficiation: means to process sand for any of the following purposes, but does not include the drying process:
(i) Regulating the grain size of the desired product. See Michigan Laws 324.63701Breast height: means 4. See Michigan Laws 324.52501 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. Cell-unit: means a subunit of the total sand dune mining project as determined in size and location by the operator. See Michigan Laws 324.63701 Certification: means a process where an independent third party organization assesses and evaluates forest management practices according to the standards of a certification program resulting in an issuance of a certificate of compliance or conformity. See Michigan Laws 324.52501 Certification program: means a program that develops specific standards that measure whether forest management practices are consistent with principles of sustainable forestry. See Michigan Laws 324.52501 citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c 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 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. Conformance bond: means a surety bond that has been executed by a surety company authorized to do business in this state, cash, a certificate of deposit, a letter of credit, or other security filed by a person and accepted by the department to ensure compliance with this part or rules promulgated under this part. See Michigan Laws 324.63401 Conformance bond: means a surety bond that is executed by a surety company authorized to do business in this state, cash, certificates of deposit, letters of credit, or other securities that are filed by an operator to ensure compliance with this part, rules promulgated under this part, or conditions of a sand dune mining permit. See Michigan Laws 324.63701 Conservation: means the wise use of natural resources. See Michigan Laws 324.52501 Contract: A legal written agreement that becomes binding when signed. controlling board: means all boards having the care, management, or control over public school districts and public educational institutions other than a public school academy established under the revised school code, Act No. See Michigan Laws 38.73 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. Costs: means 1 or more of the following costs that may be chargeable to the waste management project as a capital cost under generally acceptable accounting principles:
(i) The cost or fair market value of the acquisition or construction of lands, property rights, utility extensions, disposal facilities, buildings, structures, fixtures, machinery, equipment, access roads, easements, and franchises. See Michigan Laws 324.11901Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 or its authorized agent. See Michigan Laws 324.11701 Department: means the department of environmental quality. See Michigan Laws 324.63401 Departments: means the departments of natural resources, environmental quality, and transportation. See Michigan Laws 24.422 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Director: means the director of the department of environmental quality or his or her designee. See Michigan Laws 324.11701 Domestic septage: means liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar storage or treatment works that receives only domestic sewage. See Michigan Laws 324.11701 Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2 election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 168.654 Environmental elements: means the biological, physical, and chemical characteristics of the environment, including but not limited to the following:
(i) Watersheds. See Michigan Laws 324.63701Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Farm operation: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.11701 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. Fund: means the small native copper mine surveillance fund created in section 63415. See Michigan Laws 324.63401 Government action: means any of the following:
(i) A decision on an application for a permit or license. See Michigan Laws 24.422Great Lakes: means any of the Great Lakes that have a shoreline within this state. See Michigan Laws 324.63701 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. Interim cell-unit status: means a cell-unit as set forth in an approved progressive cell-unit mining and reclamation plan provided for in section 63706(1), in which all sand dune mining and reclamation within the cell-unit has been completed, but the vegetation has not sustained itself through 1 full growing season. See Michigan Laws 324.63701 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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local authority: means an authority created under Act No. See Michigan Laws 324.11901 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 mining: means an operation to excavate or remove earth material that generates not less than 10,000 tons and not more than 75,000 tons of waste rock in a calendar year or disturbs not less than 1 acre and not more than 10 acres of land in a calendar year in the regular operation of a business for the primary purpose of extracting native copper by 1 or both of the following:
(i) Removing the overburden lying above natural deposits of native copper and excavating directly from the natural deposits thus exposed or by excavating directly from deposits lying exposed in their natural state. See Michigan Laws 324.63401Mining area: means all of the following:
(i) Land from which material is removed by surface or open pit mining methods. See Michigan Laws 324.63401month: 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 Municipality: means a city, village, or township. See Michigan Laws 324.301 Municipality: means a county, city, township, village, or local authority, or a combination thereof. See Michigan Laws 324.11901 Name that was formally changed: means a name changed by a proceeding under chapter XI of the probate code of 1939, 1939 PA 288, MCL 711. See Michigan Laws 168.3 Native copper: means copper in its elemental form. See Michigan Laws 324.63401 Note: means a note issued by a municipality pursuant to this part. See Michigan Laws 324.11901 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. Operator: means a person that is engaged in or preparing to engage in mining activities, whether individually or jointly, or through agents, employees, or contractors, and that has overall responsibility for the mining activities. See Michigan Laws 324.63401 Operator: means an owner or lessee of mineral rights or any other person engaged in or preparing to engage in sand dune mining activities with respect to mineral rights within a sand dune area. See Michigan Laws 324.63701 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. Peace officer: means a sheriff or sheriff's deputy, a village or township marshal, an officer of the police department of any city, village, or township, any officer of the Michigan state police, any peace officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.11701 Person: means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state or a political subdivision of this state or an agency of this state, or any other legal or commercial entity. See Michigan Laws 37.2103 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plan: means the forestry development, conservation, and recreation management plan for state forests as provided for in section 52503. See Michigan Laws 324.52501 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 county, city, village, township, school district, or special district or authority of this state. See Michigan Laws 37.2103 primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7 Probate: Proving a will Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Receiving facility: means a structure that is designed to receive septage waste for treatment at a wastewater treatment plant or at a research, development, and demonstration project authorized under section 11511b to which the structure is directly connected, and that is available for that purpose as provided for in an ordinance of the local unit of government where the structure is located or in an operating plan. See Michigan Laws 324.11701 Reforestation: means adequate stocking of forestland is assured by natural seeding, sprouting, suckering, or by planting seeds or seedlings. See Michigan Laws 324.52501 Remand: When an appellate court sends a case back to a lower court for further proceedings. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 24.422 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Sand dune area: means that area designated by the department that includes those geomorphic features composed primarily of sand, whether windblown or of other origin and that lies within 2 miles of the ordinary high-water mark on a Great Lake as defined in section 32502, and includes critical dune areas as defined in part 353. See Michigan Laws 324.63701 Sand dune mining: means the removal of sand from sand dune areas for commercial or industrial purposes, or both. See Michigan Laws 324.63701 School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4 Septage waste: means the fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin that is removed from a wastewater system. See Michigan Laws 324.11701 Septage waste servicing license: means a septage waste servicing license as provided for under section 11703 and 11706. See Michigan Laws 324.11701 Septage waste vehicle: means a vehicle that is self-propelled or towed and that includes a tank used to transport septage waste. See Michigan Laws 324.11701 servicing: means cleaning, removing, transporting, or disposing, by application to land or otherwise, of septage waste. See Michigan Laws 324.11701 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 a location or locations on a parcel or tract, as those terms are defined in section 102 of the land division act, 1967 PA 288, MCL 560. See Michigan Laws 324.11701 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 forest: means state land owned or controlled by the department that is designated as state forest by the director. See Michigan Laws 324.52501 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Sustainable forestry: means forestry practices that are designed to meet present and future needs by employing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and visual qualities. See Michigan Laws 324.52501 taking: means the taking of private property by government action such that compensation to the owner of that property is required by either of the following:
(i) Amendment V or XIV of the constitution of the United States. See Michigan Laws 24.422Tank: means an enclosed container placed on a septage waste vehicle to carry or transport septage waste. See Michigan Laws 324.11701 teacher: as used in this act means a certificated individual employed for a full school year by any board of education or controlling board. See Michigan Laws 38.71 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Venue: The geographical location in which a case is tried. village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Waste: means a discarded solid or semisolid material, including garbage, refuse, rubbish, ashes, liquid material, and other discarded materials generated by residential, commercial, agricultural, municipal, or industrial activities, including waste from sewage collected and treated in a municipal sewage system. See Michigan Laws 324.11901 Waste management project: means 1 or more parts of a waste collection, transportation, disposal, or resource recovery system, including plants, works, systems, facility or transfer stations planned, designed, or financed under this part. See Michigan Laws 324.11901 Water table: means the surface in an unconfined aquifer at which the pressure is atmospheric. See Michigan Laws 324.63701