Michigan Laws > Chapter 78 > Act 278 of 1909 – The Home Rule Village Act


§ 78.1	Short title; corporate existence of villages to continue; village subject to general laws; seal; suit
§ 78.1a	Conducting business at public meeting; notice of meeting; availability of certain writings to public
§ 78.1b	Emergency financial manager; authority and responsibilities
§ 78.2	Incorporation, detachment or addition of territory, or consolidation; petition; signatures; incorporation of summer resort association; proceedings; certification; appointment, oath, duties, and
§ 78.2a	Violation of MCL 168.1 to 168.992 applicable to petitions; penalties
§ 78.3	Petitions; contents
§ 78.4	Petition; presentation; action of county board of commissioners; resolution; vote; review
§ 78.5	Incorporation, consolidation or change of boundaries; affected district; referendum; authorizing vote
§ 78.5a	Annexation; petition; vote; approval of adjoining city, village or township
§ 78.6	Petition and resolution; certified copies, transmittal to local clerks, time; election notices
§ 78.7	Villages in more than 1 county; incorporation, consolidation or change in boundary; procedure
§ 78.8	Returns canvass
§ 78.9	Proceedings; copy filed with secretary of state; recording; change effected; certificate to state treasurer; time
§ 78.10	Annexation of entire village or township; incorporation of village from part of township; annexation of part of city, village, or township by village
§ 78.11	New village; charter commission, election, manner, duties, oath; proposed charter, vote, manner; notices
§ 78.12	Village charter; rejection; effect; president de facto; resubmission; revert to prior status
§ 78.13	Village charter; new charter commission, petition, procedure, duties; eligibility; expenses, payment; territory, control
§ 78.14	Village charter; revision
§ 78.15	Election of charter commission; details fixed by legislative body
§ 78.16	Charter commission; quorum
§ 78.17	Charter; amendments, submission
§ 78.18	Charter commission; prosecuting attorneys to give advice; charter vote prerequisites
§ 78.19	Charter; publication prerequisites
§ 78.20	Charter of amendment; approval; filing time
§ 78.21	Election; expenses; manner of conducting
§ 78.22	Police officers of village; powers
§ 78.22a	District court or municipal court; hearing and determining cases
§ 78.22b	Police officer; authority to execute bench warrant
§ 78.23	Village charter; mandatory provisions
§ 78.24	Village charter; permissible provisions
§ 78.24a	Codification of ordinances
§ 78.24b	Energy conservation improvements; acquisition or financing; resolution; payment; scope of improvements; acquisition of improvements by contract, lease-purchase agreement, or notes; reports; forms
§ 78.24c	Acquisition of land for disposal of sewage or protection of water supply
§ 78.24d	Staggered terms of office; resolution; length of initial terms; applicability of subsection (1)
§ 78.25	Statutory provisions; adoption
§ 78.25a	Ordinance; designation of violation as civil infraction; civil fine; act or omission constituting crime
§ 78.25b	Recreational trailway; posting of ordinance; prohibited violation of ordinance as municipal civil infraction; penalty
§ 78.26	Prohibited powers; computation of indebtedness
§ 78.26a	Locomotives; enforceability of ordinance prescribing maximum speed limit
§ 78.27	Village charter; prohibited conflicts
§ 78.28	Construction of act

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Terms Used In Michigan Laws > Chapter 78 > Act 278 of 1909 - The Home Rule Village Act

Abandoned property: means an aircraft; a watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of an aircraft or watercraft; the personal property of the officers, crew, and passengers of an aircraft or watercraft; and the cargo of an aircraft or watercraft, which have been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by owners and insurers. See Michigan Laws 324.76101
Abandoned scrap tires: means an accumulation of scrap tires on property where the property owner is not responsible in whole or in part for the accumulation of the scrap tires. See Michigan Laws 324.16901
Absent voter ballot: means a ballot that is issued to a voter through the absent voter process. See Michigan Laws 168.2
Administrative expenses: means expenses incurred by the state court administrator in implementing this act. See Michigan Laws 691.1552
Adulterated: means adulterated as determined under the Michigan food law of 1968, Act No. See Michigan Laws 10.121
Advisory council: means the Michigan trails advisory council created in section 72110. See Michigan Laws 324.72101
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agricultural property: means real property used for farming in any of its branches, including cultivating of soil; growing and harvesting of any agricultural, horticultural, or floricultural commodity; dairying; raising of livestock, bees, fish, fur-bearing animals, or poultry; turf and tree farming; or performing any practices on a farm as an incident to, or in conjunction with, these farming operations. See Michigan Laws 324.20101
All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 C. See Michigan Laws 324.20101
Allergan settlement: means the master settlement agreement arising out of the MDL and entered into by this state with Allergan Pharmaceuticals. See Michigan Laws 691.1672
Ancillary facility: means any revolving credit agreement, agreement establishing a line of credit, or letter of credit; reimbursement agreement; interest rate exchange or similar agreement; currency exchange agreement; commodity exchange agreement; interest rate floor or cap; option, put, call, or similar agreement to hedge payment, currency, commodity, rate, spread, or similar exposure; investment agreement; float agreement; forward agreement or other investment arrangement; insurance contract; surety bond; commitment to purchase or sell securities; purchase or sale agreement or commitment; or other contract or agreement or other security agreement approved by the authority under this act, including without limitation any arrangement referred to in this act. See Michigan Laws 12.272
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.
Annuity issuer: means an insurer that has issued a contract to fund periodic payments under a structured settlement. See Michigan Laws 691.1302
Appliance: means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, window room air conditioner, television, or computer. See Michigan Laws 324.17201
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.
Associated facilities: means restrooms, shelters, campgrounds, and parking lots directly related to trails or waterways projects. See Michigan Laws 324.71101
Attack: means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes. See Michigan Laws 691.972
Attorney general: means the department of the attorney general. See Michigan Laws 324.20101
Authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 12.272
Authorizing body: means that term as defined in section 501, 521, or 551, as applicable. See Michigan Laws 380.381
Available grant funds: means that portion of the community dispute resolution fund available for awards to grant recipients, after administrative expenses have been met. See Michigan Laws 691.1552
Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.20101
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.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is or contains a facility. See Michigan Laws 324.20101
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}
benefits: means advantages resulting from a project to public corporations, the inhabitants of public corporations, the inhabitants of this state, and property within public corporations. See Michigan Laws 324.30901
Board: means the board of directors of the authority. See Michigan Laws 12.272
Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101
Board: means a river management board created as the governing body of a river management district in accordance with this part. See Michigan Laws 324.31101
Board: means the county board of commissioners. See Michigan Laws 324.31301
Bond: means a bond, note, financial instrument, or other evidence of indebtedness or obligation issued by the authority under this act. See Michigan Laws 12.272
Bonds: means private activity bonds subject to the unified volume limitation and any other bonds, notes, and evidences of indebtedness, including certain lease and installment purchase obligations, that would be treated by the internal revenue service as private activity bonds unless issued with an allocation from the unified volume limitation. See Michigan Laws 12.112
Bonds: means the bonds issued under part 193 or former Act No. See Michigan Laws 324.19501
Bonds: means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324. See Michigan Laws 324.19601
Bonds: means the bonds authorized under the Great Lakes water quality bond authorization act. See Michigan Laws 324.19701
Bonds: means the bonds issued under part 713 or former Act No. See Michigan Laws 324.71501
Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101
Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101
Bowler: means a person in a bowling center for the purpose of recreational or competitive bowling. See Michigan Laws 691.1582
Bowling center: means a structure that has an area specifically designed to be used by the public for recreational or competitive bowling. See Michigan Laws 691.1582
Bowling shoes: means shoes that are specifically designed for the purpose of recreational or competitive bowling. See Michigan Laws 691.1582
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.
Center: means a community-based dispute resolution center. See Michigan Laws 691.1552
Charitable organization: means a benevolent, educational, philanthropic, humane, patriotic, religious, or eleemosynary organization of persons organized for any lawful purpose or purposes not involving pecuniary profit or gain for its officers or members. See Michigan Laws 691.1571
Chief executive officer: means the mayor of a city, the village manager of a village, the township supervisor of a township, or the county executive of a county or, if the county does not have an elected county executive, the chairperson of the county board of commissioners. See Michigan Laws 324.19601
Child social welfare program: means a child welfare residential or home-based program, a program involving foster care coordination including adoption activities, a respite care program, or behavioral health or early education services operating under contract and as an agent for the department of human services. See Michigan Laws 691.1633
Cleanup criteria for unrestricted residential use: means any of the following:

(i) Cleanup criteria that satisfy the requirements for the residential category in section 20120a(1)(a). See Michigan Laws 324.20101

Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, to which both of the following apply:

(i) The statement is made to conduct, participate in, continue, or reconvene a collaborative law process. See Michigan Laws 691.1332

Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Michigan Laws 691.1332

Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers. See Michigan Laws 691.1332

Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Michigan Laws 691.1332

Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, that is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including any of the following:

(i) Marriage, divorce, dissolution, annulment, and property distribution. See Michigan Laws 691.1332

Collector: means a person who receives covered electronic devices from consumers and arranges for the delivery of the covered electronic devices to a recycler. See Michigan Laws 324.17301

Commercial motor vehicle: means a commercial vehicle as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.74101

Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101

Commercial processor: means a person licensed pursuant to the food processing act of 1977, Act No. See Michigan Laws 691.1571

Commercial waste: means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, but does not include household waste from single residences, hazardous waste, or industrial waste. See Michigan Laws 324.17501

Commercially processed: means processed in a manner adequate to protect the public health and in accordance with current good manufacturing practices applicable to facilities, methods, practices, and controls used by a commercial processor in the manufacture, processing, or packing of low-acid foods in hermetically sealed containers. See Michigan Laws 691.1571

Commission: means the Michigan state capitol commission established in section 5. See Michigan Laws 4.1942

Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101

Commissioner: means the county drain commissioner or the county road commission in counties not having a drain commissioner, and, if more than 1 county is involved, each of the drain commissioners or drain commissioner and road commission in counties having no drain commissioner. See Michigan Laws 324.30701

Committee: means the underwater salvage and preserve committee created in section 76103. See Michigan Laws 324.76101

Common carrier: means a company that transports mail, on reasonable request, on regular routes and at set rates. See Michigan Laws 168.2

Community district education trust fund: means the community district education trust fund created in section 12. See Michigan Laws 12.252

Community recreation plan: means a 5-year, comprehensive recreation plan for a given local unit of government, approval of which is required by the department for participation in the land and water conservation fund program pursuant to the land and water conservation fund act of 1965, public law 88-578, 78 Stat. See Michigan Laws 324.71601

Competitive sports: means sports conducted as part of a program sponsored by a public or private school that provides instruction in grades kindergarten through 12 or a charitable or volunteer organization. See Michigan Laws 691.1501

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Computer: means a desktop personal computer or laptop computer, a computer monitor, or beginning April 1, 2011, a printer. See Michigan Laws 324.17301

Computer takeback program: means a program required under section 17305(c). See Michigan Laws 324.17301

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.

Consumer: means a person who used a covered electronic device primarily for personal or small business purposes in this state. See Michigan Laws 324.17301

Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.19601

costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.20101

Council: means a watershed council created under this part. See Michigan Laws 324.31101

Council: means a trail management council established pursuant to section 72106. See Michigan Laws 324.72101

Counterclaim: A claim that a defendant makes against a plaintiff.

County agency: means an agency created or controlled by a county board of commissioners or a county executive, a board of county road commissioners, or an office of the county drain commissioner. See Michigan Laws 324.31201

County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701

Court: means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action. See Michigan Laws 324.30701

Covered computer: means a computer that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301

Covered electronic device: means a covered computer or covered video display device. See Michigan Laws 324.17301

Covered video display device: means a video display device that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301

CVS settlement: means the master settlement agreement arising out of the MDL and entered into by this state with CVS Pharmacy. See Michigan Laws 691.1672

Dam: means an artificial barrier, structure, or facility, and appurtenant works, used to regulate or maintain the level of an inland lake. See Michigan Laws 324.30701

Dams: means dams, embankments, dikes, pumps, weirs, locks, gates, tubes, ditches, or any other devices or construction to impound or release water. See Michigan Laws 324.31301

Dark sky preserve: means an area designated in section 75102. See Michigan Laws 324.75101

Decedent: A deceased person.

Deed: The legal instrument used to transfer title in real property from one person to another.

Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701

Department: means the department of treasury. See Michigan Laws 12.131

Department: means the department of environmental quality. See Michigan Laws 324.14501

Department: means the department of environmental quality. See Michigan Laws 324.17301

Department: means the department of environmental quality. See Michigan Laws 324.17501

Department: means the department of environmental quality. See Michigan Laws 324.19601

Department: means the department of environmental quality. See Michigan Laws 324.19701

Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101

Department: means the department of environmental quality. See Michigan Laws 324.30101

Department: means the department of environmental quality. See Michigan Laws 324.32501

Department: means the department of natural resources. See Michigan Laws 324.71601

Department: means the department of natural resources. See Michigan Laws 324.72101

Department: means the department of natural resources. See Michigan Laws 324.78101

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-operated public boating access site: means a state-operated public boating access site designated under section 78105(2). See Michigan Laws 324.78101

Devise: To gift property by will.

Director: means director of the department of licensing and regulatory affairs, or his or her designee. See Michigan Laws 12.272

Director: means the director of the department of environmental quality. See Michigan Laws 324.14501

Director: means the director of the department of environmental quality. See Michigan Laws 324.20101

Director: means the director of the department. See Michigan Laws 324.32501

Director: means the director of the department. See Michigan Laws 324.71601

Director: means the director of the department or his or her designee. See Michigan Laws 324.72101

Director: means the administrative director of the commission. See Michigan Laws 324.78101

Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.20101

Discounted present value: means the present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the internal revenue service. See Michigan Laws 691.1302

Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.20101

Distributor: means a person who sells batteries to retailers in this state. See Michigan Laws 324.17101

Distributor settlement: means the master settlement agreement arising out of the MDL and entered into by this state with AmerisourceBergen Corporation, Cardinal Health, Inc. See Michigan Laws 691.1672

District: means a river management district established under this part. See Michigan Laws 324.31101

Docket: A log containing brief entries of court proceedings.

Donor: The person who makes a gift.

Due care activities: means those activities conducted under section 20107a and 21304c. See Michigan Laws 324.19601

Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}

Endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.74101

Energy advisory committee: means the committee created under section 2. See Michigan Laws 10.81

Energy emergency: means a condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage. See Michigan Laws 10.81

Enforcement costs: means court expenses, reasonable attorney fees of the attorney general, and other reasonable expenses of an executive department that are incurred in relation to enforcement under this part. See Michigan Laws 324.20101

Engage in an equine activity: means riding, training, driving, breeding, being a passenger upon, or providing or assisting in veterinary treatment of an equine, whether mounted or unmounted. See Michigan Laws 691.1662

Environmental area: means an area of the shoreland determined by the department on the basis of studies and surveys to be necessary for the preservation and maintenance of fish and wildlife. See Michigan Laws 324.32301

Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.20101

Equine: means horse, pony, mule, donkey, or hinny. See Michigan Laws 691.1662

Equine access locations: means open access roads, management roads, forestry access roads, 2-track and single-track trails that are not wildlife paths, staging areas for pack and saddle animals to be dropped off or picked up, and associated wilderness campsites. See Michigan Laws 324.72101

Equine activity: means any of the following:

(i) An equine show, fair, competition, performance, or parade including, but not limited to, dressage, a hunter and jumper horse show, grand prix jumping, a 3-day event, combined training, a rodeo, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting. See Michigan Laws 691.1662

Equine activity sponsor: means an individual, group, club, partnership, or corporation, whether or not operating for profit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, a pony club; 4-H club; hunt club; riding club; school- or college-sponsored class, program, or activity; therapeutic riding program; stable or farm owner; and operator, instructor, or promoter of an equine facility including, but not limited to, a stable, clubhouse, ponyride string, fair, or arena at which the equine activity is held. See Michigan Laws 691.1662

Equine professional: means a person engaged in any of the following for compensation:

(i) Instructing a participant in an equine activity. See Michigan Laws 691.1662

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}

Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101

Ex officio: Literally, by virtue of one's office.

Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:

(i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.20101

Facility: means that term as it is defined in part 201. See Michigan Laws 324.19601

Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101

Farm product: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.73101

Farm property: means land used in the production of a farm product and all lands contained within the farm. See Michigan Laws 324.73101

Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101

Fiduciary: A trustee, executor, or administrator.

Financing costs: means all capitalized interest; operating and debt service reserves; costs of issuance; fees for credit and liquidity enhancements; any item of expense directly or indirectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including without limitation underwriting fees, counsel fees, fees of the attorney general, and fees and expenses of consultants, advisors, fiduciaries, and rating agencies; and other costs as the authority determines to be desirable in issuing, securing, and marketing and remarketing the bonds. See Michigan Laws 12.272

firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t

Fish: means game fish or nongame fish as those terms are defined in section 48701. See Michigan Laws 324.73101

Flint settlement trust fund: means the Flint settlement trust fund created in section 11. See Michigan Laws 12.252

Flood risk area: means the area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to flooding from effects of levels of the Great Lakes and is not limited to 1,000 feet. See Michigan Laws 324.32301

Food: means articles used for food or drink for human consumption. See Michigan Laws 691.1571

Food producer: includes , but is not limited to, restaurants, bakeries, cafeterias, caterers, and delicatessens. See Michigan Laws 691.1571

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}

Foreclosure: means possession by a lender of a property on which it has foreclosed on a security interest or the expiration of a lawful redemption period, whichever occurs first. See Michigan Laws 324.20101

Foreign country: means a government other than any of the following:

(i) The United States. See Michigan Laws 691.1132

foreign judgment: means any judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state. See Michigan Laws 691.1172

Foreign-country judgment: means the judgment of a court of a foreign country. See Michigan Laws 691.1132

Forensic laboratory: means a laboratory maintained by the department of state police or a municipality that meets all of the following criteria:

(i) Has at least 1 regularly employed forensic scientist who conducts analyses of controlled substances or androgenic anabolic steroids for criminal justice agencies in criminal matters, and provides testimony with respect to those analyses. See Michigan Laws 12.202

Forensic test: means a drug analysis, toxicology analysis, or other forensic analysis or examination in areas including, but not limited to, latent prints, microchemistry, serology, firearms, toolmarks, or questioned documents. See Michigan Laws 12.202

Forest road: means that term as defined in section 81101. See Michigan Laws 324.72101

Foundation: means the Michigan state parks foundation created in section 74302. See Michigan Laws 324.74301

Free flowing: means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification. See Michigan Laws 324.30501

Fully shielded: means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above 15 degrees below the horizontal plane and also constructed so that the filament or light source is not visible to the naked eye when viewed from a point higher than 15 degrees below the horizontal plane. See Michigan Laws 324.75101

Fund: means the Michigan state capitol historic site fund created in section 7. See Michigan Laws 4.1942

Fund: means the community dispute resolution fund. See Michigan Laws 691.1552

Fund: means the environmental protection bond fund created in section 19506. See Michigan Laws 324.19501

Fund: means the clean Michigan initiative bond fund created in section 19606. See Michigan Laws 324.19601

Fund: means the Great Lakes water quality bond fund created in section 19706. See Michigan Laws 324.19701

Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101

Fund: means the land and water management permit fee fund created in section 30113. See Michigan Laws 324.30101

Fund: means the recreation bond fund created in section 71506. See Michigan Laws 324.71501

Fund: means the Pure Michigan Trails fund created in section 72109. See Michigan Laws 324.72101

Funding unit: means 1 of the following, as applicable:

(i) For a circuit other than the third circuit of the circuit court, each county in the circuit. See Michigan Laws 12.131

Game: means that term as defined in section 40103. See Michigan Laws 324.73101

Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 324.19601

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

Generally accepted operation practices: means those practices adopted by the commission of natural resources that are established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety programs that include training individuals in the safe handling and use of firearms, which practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges. See Michigan Laws 691.1541

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Gleaner: means a person that harvests a donated agricultural crop for free distribution or nominal-cost distribution. See Michigan Laws 691.1571

Governmental agency: means this state or a political subdivision. See Michigan Laws 691.1401

Governmental agency: means the federal government, a county, city, village, or township, or a combination of any of these entities. See Michigan Laws 324.72101

Governmental function: means an activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. See Michigan Laws 691.1401

Grant: means a local recreation grant under this part. See Michigan Laws 324.71601

Grant recipient: means a nonprofit or governmental organization that receives funds to operate a center pursuant to this act. See Michigan Laws 691.1552

Grantor: The person who establishes a trust and places property into it.

grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e

Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101

Gross advance amount: means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before reduction in that sum for transfer expenses or other deductions. See Michigan Laws 691.1302

Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Michigan Laws 691.1473

Gross negligence: means conduct or a failure to act that is so reckless that it demonstrates a substantial lack of concern for whether an injury will result. See Michigan Laws 691.1633

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.

Harbor: means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft. See Michigan Laws 324.79101

Harbor facilities: means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.79101

Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:

(i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101

Health care facility: means an entity that is 1 or more of the following:

(i) A health facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 691.1473

Health care provider: means an individual that is 1 or more of the following:

(i) An individual licensed under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 691.1473

Health care services: means services provided to an individual by a health care facility or health care provider regardless of the location where those services are provided, including the provision of health care services via telehealth or other remote method. See Michigan Laws 691.1473

High-risk area: means an area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to erosion. See Michigan Laws 324.32301

Highway: means a public highway, road, or street that is open for public travel. See Michigan Laws 691.1401

Historical value: means value relating to, or illustrative of, Michigan history, including the statehood, territorial, colonial, and historic, and prehistoric native American periods. See Michigan Laws 324.76101

Household waste: means any solid waste that is derived from single residences, but does not include any of the following:

(i) Commercial waste. See Michigan Laws 324.17501

Hunting dog: means a dog allowed to range freely to engage in or aid in hunting on the day the dog enters the property of another person. See Michigan Laws 324.73101

Identification for election purposes: means , if issued to the individual presenting the card or document and if presented for voting purposes the name on the card or document sufficiently matches the individual's name in the individual's voter registration record so as to accurately identify the individual as the registered elector, or if issued to the individual presenting the card or document and if presented for voter registration purposes, any of the following:

(i) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 168.2

Imminent financial hardship: means the inability of the payee, because of a change in the payee's circumstances after the execution of the initial structured settlement agreement, to purchase or pay for 1 or more of the following without the transfer:

(i) Medical care or a medical device for the payee or the payee's dependents. See Michigan Laws 691.1302

Improvement program: means the construction, reconstruction, development, improvement, bettering, operating, maintaining, and extending a facility at a state park, including a site improvement, impoundment, road and parking lot, toilet building, concession building, shelter building, bathhouse, utility, outdoor center, visitor service facility, ski area, ski tow, ski shelter, and administration unit. See Michigan Laws 324.74101

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Independent professional advice: means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. See Michigan Laws 691.1302

Infrastructure improvement: means restoration of the natural environment or the renovation, repair, replacement, upgrading, or structural improvement of an existing facility that is not less than 15 years old, including any of the following:

(i) Recreation centers. See Michigan Laws 324.71601

Inherent risk of an equine activity: means a danger or condition that is an integral part of an equine activity, including, but not limited to, any of the following:

(i) An equine's propensity to behave in ways that may result in injury, harm, or death to a person on or around it. See Michigan Laws 691.1662

Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701

Inland lake: means a public inland lake or a private inland lake. See Michigan Laws 324.30901

Inland lake or stream: means either of the following:

(i) An artificial or natural lake, pond, or impoundment that is a water of the United States as that term is used in section 502(7) of the federal water pollution control act, 33 USC 1362. See Michigan Laws 324.30101

Inland lake or stream: means that term as defined in section 30101. See Michigan Laws 324.78101

Inter vivos: Transfer of property from one living person to another living person.

Interested party: means , with respect to a structured settlement, the payee, a beneficiary irrevocably designated under an annuity contract to receive payments following the payee's death, an annuity issuer, a structured settlement obligor, or any other person that has continuing rights or obligations under the structured settlement. See Michigan Laws 691.1302

Interested person: means a person who has a record interest in the title to, right of ingress to, or reversionary right to a piece or parcel of land that would be affected by a permanent change in the bottomland of a natural or artificial, public or private inland lake, or adjacent wetland. See Michigan Laws 324.30901

Interim response activity: means the cleanup or removal of a released hazardous substance or the taking of other actions, prior to the implementation of a remedial action, as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101

IRC: means the internal revenue code of 1954 as in effect on January 1, 1970. See Michigan Laws 14.272

Issuer: means a municipal issuer or a state issuer. See Michigan Laws 12.112

Janssen settlement: means the master settlement agreement arising out of the MDL and entered into by this state with Janssen Pharmaceuticals, Inc. See Michigan Laws 691.1672

Joint resolution: A legislative measure which requires the approval of both chambers.

land to be zoned: means the land in this state that borders or is adjacent to a Great Lake or a connecting waterway and that, except for flood risk areas, is situated within 1,000 feet landward from the ordinary high-water mark as defined in section 32501, land bordering or adjacent to waters affected by levels of the Great Lakes landward of the ordinary high-water mark as defined by section 30101, and land between the ordinary high-water mark and the water's edge. See Michigan Laws 324.32301

lands: as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. See Michigan Laws 324.32502

Law firm: means both of the following:

(i) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association. See Michigan Laws 691.1332

Lead acid battery: means a storage battery, that is used to start an internal combustion engine or as the principal electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. See Michigan Laws 324.17101

Lender: means any of the following:

(i) A state or nationally chartered bank. See Michigan Laws 324.20101

Level of stream flow: means a measure of water quantity including the amount of water passing a designated point over a designated period and the levels of lakes that are an integral part of the surface drainage system of the watershed. See Michigan Laws 324.31101

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

License: means a hunting, fishing, or fur harvester's license or, in the discretion of the court, any combination of such licenses. See Michigan Laws 324.73101

Licensed practical nurse: means an individual licensed to engage in the practice of nursing as a licensed practical nurse under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 691.1501

Lien: A claim against real or personal property in satisfaction of a debt.

Local agencies: means local units of government, special districts, or other legally constituted agencies of local units of government exercising powers that may affect water resources. See Michigan Laws 324.31101

Local governing body: means the legislative body of a local unit of government. See Michigan Laws 324.30901

Local government reimbursement fund: means the local government reimbursement fund created in section 3a. See Michigan Laws 12.252

Local recreation project: means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities. See Michigan Laws 324.71601

Local unit: means any city, village, township, or soil conservation district acting through its governing body. See Michigan Laws 324.31301

Local unit of government: means a county, city, township, or village. See Michigan Laws 691.1541

Local unit of government: means a county, city, village, or township, or an agency of a county, city, village, or township; or a brownfield redevelopment authority, economic development corporation, or an authority or other public body created by or pursuant to state law. See Michigan Laws 324.19601

Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.20101

Local unit of government: means a county, city, township, village, school district, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71501

Local unit of government: means a county, city, township, village, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71601

Manufacturer: means a person who produces batteries for sale in this state. See Michigan Laws 324.17101

Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101

Marina purposes: means an operation making use of submerged bottomlands or filled-in bottomlands of the Great Lakes for the purpose of service to boat owners or operators, which operation may restrict or prevent the free public use of the affected bottomlands or filled-in lands. See Michigan Laws 324.32501

MDL: means In re Nat'l Prescription Opiate Litigation, multidistrict litigation consolidated in the United States District Court for the Northern District of Ohio, Case No. See Michigan Laws 691.1672

Measurable economic benefit: means the permanent jobs that are created or retained, the capital invested, or the increased tax base to the applicable county, city, village, and township where the project is located. See Michigan Laws 324.19601

Measurable environmental benefit: means the extent that the requirements of part 201 or part 213, or both, are advanced at a brownfield project where environmental conditions inhibit the site's redevelopment or reuse. See Michigan Laws 324.19601

Mediator: means an impartial, neutral person who assists parties in voluntarily reaching their own settlement of issues in a dispute and who has no authoritative decision-making power. See Michigan Laws 691.1552

Medicaid benefits trust fund: means the Michigan Medicaid benefits trust fund established in section 5. See Michigan Laws 12.252

Medicaid special financing payments: means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act. See Michigan Laws 12.252

Member: means a municipality, county, county agency, public school district, public college or university, or other local or regional public agency that is a member of a watershed alliance as provided for in this part. See Michigan Laws 324.31201

Mercuric oxide battery: means a dry cell battery that delivers an essentially constant output voltage throughout its useful life by means of a chemical reaction between zinc and mercuric oxide. See Michigan Laws 324.17101

Mercury thermometer: means a product or component, other than a dry cell battery, of a product used for measuring temperature that contains mercury or a mercury compound intentionally added to the product or component. See Michigan Laws 324.17201

Method detection limit: means the minimum concentration of a hazardous substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix that contains the analyte. See Michigan Laws 324.20101

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 merit award trust fund: means the Michigan merit award trust fund established in section 9. See Michigan Laws 12.252

Michigan opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3. See Michigan Laws 12.252

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.

Motor vehicle: means a vehicle that is self-propelled. See Michigan Laws 324.74101

Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101

Municipal corporation: means a city, village, or township or a combination of 2 or more of these when acting jointly. See Michigan Laws 691.1401

Municipal issuer: means a city, village, township, county, school district, or community college district, or an agency, instrumentality, authority, or district created by 1 or more of the foregoing that is authorized by law to issue bonds. See Michigan Laws 12.112

Municipality: means a county, township, city, or village. See Michigan Laws 12.202

NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.20101

natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101

Natural river: means a river that has been designated by the department for inclusion in the wild, scenic, and recreational rivers system. See Michigan Laws 324.30501

Net advance amount: means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under section 3(e). See Michigan Laws 691.1302

No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101

Nonparty participant: means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. See Michigan Laws 691.1332

Nonprofit corporation: means that term as defined in section 108 of the nonprofit corporation act, Act No. See Michigan Laws 691.1571

Nonresident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is not registered as a motor vehicle in this state. See Michigan Laws 324.74101

Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101

Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701

Odd year general election: means the election held on the November regular election date in an odd numbered year. See Michigan Laws 168.3

Odd year primary election: means the election held on the August regular election date in an odd numbered year. See Michigan Laws 168.3

Off-road vehicle: means ORV as it is defined in part 811, which is required to be registered under part 811. See Michigan Laws 324.71101

Operating expenses: means the reasonable operating expenses of the authority under this act, including without limitation the cost of preparation of accounting and other reports; costs of maintaining the ratings on the bonds; bond insurance premiums; costs of authority meetings or other required activities of the authority under this act; counsel fees, including the fees of the attorney general; fees and expenses incurred for consultants, advisors, and fiduciaries relating to bonds or activities of the authority authorized by this act; and any other costs arising from activities authorized in section 8(2). See Michigan Laws 12.272

Operator: means a person that owns, manages, controls, directs, or has the responsibility of operating a bowling center. See Michigan Laws 691.1582

Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101

Optimum flow: means that rate and quantity of flow in any stream as determined in accordance with this part. See Michigan Laws 324.31301

Ordinary high-water mark: means the line between upland and bottomland that persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. See Michigan Laws 324.30101

Outstanding: means with respect to bonds, all bonds except those that have been paid in full at maturity or that are not outstanding under the terms of the applicable authority resolution, trust indenture, or trust agreement authorizing the issuance of the bonds. See Michigan Laws 12.272

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means a person who owns a facility. See Michigan Laws 324.20101

Pack and saddle trails: means trails and equine access locations that may be used by pack and saddle animals. See Michigan Laws 324.72101

Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101

Participant: means an individual, whether amateur or professional, engaged in an equine activity, whether or not a fee is paid to participate. See Michigan Laws 691.1662

Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Michigan Laws 691.1332

Payee: means an individual who receives tax free payments under a structured settlement and who proposes to make a transfer of payment rights under the structured settlement. See Michigan Laws 691.1302

Periodic payments: means both recurring payments and scheduled future lump sum payments. See Michigan Laws 691.1302

Permanent mail ballot voter: means a registered elector who submits a signed absent voter ballot application to receive an absent voter ballot by mail for all future elections and whose application has been verified. See Michigan Laws 168.6

Permitted release: means 1 or more of the following:

(i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 4.1942

Person: means an individual, partnership, corporation, organization, or association of any kind. See Michigan Laws 10.81

Person: means an individual, corporation, limited or general partnership, association, joint venture, limited liability company, or a governmental entity, including this state. See Michigan Laws 12.272

Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 691.1332

Person: means an individual, proprietorship, partnership, corporation, club, governmental entity, or other legal entity. See Michigan Laws 691.1541

Person: means an individual, organization, group, association, partnership, corporation, trust, or any combination of these, including persons licensed pursuant to part 129 of the public health code, Act No. See Michigan Laws 691.1571

Person: means an individual, partnership, corporation, association, or other legal entity, other than a governmental agency. See Michigan Laws 691.1633

Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101

person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101

Personal property: All property that is not real property.

physical disability: means that term as defined in section 6 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 168.19

Physician: means an individual licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 691.1501

Plan: means a plan adopted by the board or boards and approved by an order of the department for the best development, utilization, and conservation of the surplus water of the state. See Michigan Laws 324.31301

Political subdivision: means a municipal corporation, county, county road commission, school district, community college district, 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 691.1401

Political subdivision: means a public body corporate in this state, an agency of a public body corporate in this state, a nonincorporated body in this state of whatever nature, or an agency of a nonincorporated body in this state. See Michigan Laws 691.1672

Pollution prevention: means all of the following:

(i) "Source reduction" as defined in 42 USC 13102. See Michigan Laws 324.14501

Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101

Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101

Potentially hazardous food: means either or both of the following:

(i) A "potentially hazardous food or beverage" as that term is defined in section 12901(1)(c)(xi) of the public health code, Act No. See Michigan Laws 691.1571

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Preliminary costs: includes costs of the engineering feasibility report, economic study, estimate of total cost, and cost of setting up the assessment district. See Michigan Laws 324.30901

Prepared food: means food that has been sliced, assembled, formed, mixed, cooked, or subjected to other procedures to make it ready for serving. See Michigan Laws 691.1571

Presidential primary ballot selection form: means a form, as prescribed by the secretary of state, that a permanent mail ballot voter can use to select, or use to change a prior selection of, the political party ballot that the permanent mail ballot voter wishes to receive for a presidential primary election. See Michigan Laws 168.6

Printer: means a printer or a multifunction or "all-in-one" device that in addition to printing performs 1 or more other operations such as copying, scanning, or faxing, that is designed to be placed on a desk or other work surface, and that may use any of various print technologies, such as laser and LED (electrographic), ink jet, dot matrix, thermal, or digital sublimation. See Michigan Laws 324.17301

Private activity bonds: means bonds, notes, or other evidences of indebtedness issued as private activity bonds as authorized by law and as defined in section 141 of the internal revenue code. See Michigan Laws 12.112

Private foundation trust: means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC. See Michigan Laws 14.272

Private inland lake: means an inland lake other than a public inland lake. See Michigan Laws 324.30901

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Proceeding: means any of the following:

(i) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery. See Michigan Laws 691.1332

Program: means the community dispute resolution program created by this act. See Michigan Laws 691.1552

project: means the entire project to be undertaken, including, but not limited to, the actual site remediation and its resulting economic development. See Michigan Laws 324.19601

Prospective party: means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. See Michigan Laws 691.1332

Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101

Public charitable organization: means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC. See Michigan Laws 14.272

Public inland lake: means a lake that is accessible to the public by publicly owned lands or highways contiguous to publicly owned lands or by the bed of a stream, except the Great Lakes and connecting waters. See Michigan Laws 324.30901

Pure Michigan Trail: means a trail designated as a "Pure Michigan Trail" under section 72103. See Michigan Laws 324.72101

Pure Michigan Trail Town: means a "Pure Michigan Trail Town" designated under section 72104. See Michigan Laws 324.72101

Pure Michigan Water Trail: means a water trail designated as a "Pure Michigan Water Trail" under section 72103. See Michigan Laws 324.72101

Qualified assignment agreement: means an agreement providing for a qualified assignment as defined in section 130 of the internal revenue code, 26 USC 130. See Michigan Laws 691.1302

Rail-trail: means a former railroad bed that is in public ownership and used as a trail. See Michigan Laws 324.72101

range: means an area designed and operated for the use of archery, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting. See Michigan Laws 691.1541

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 691.1332

Recreation improvement account: means the recreation improvement account of the Michigan conservation and recreation legacy fund provided for in section 2020. See Michigan Laws 324.71101

Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.74101

Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101

Recreational value: means value relating to an activity that the public engages in, or may engage in, for recreation or sport, including scuba diving and fishing. See Michigan Laws 324.76101

Recyclable materials: means that term as it is defined in section 11505. See Michigan Laws 324.17501

Recycler: means a person who as a principal component of business operations acquires covered electronic devices and sorts and processes the covered electronic devices to facilitate recycling or resource recovery techniques. See Michigan Laws 324.17301

Recycling: means an action or process, such as separation, sorting, baling, or shipping, applied to reportable recyclable materials for the purposes of reuse or conversion into raw materials or new products. See Michigan Laws 324.17501

Recycling establishment: means an establishment engaged in recycling of, or brokering of, reportable recyclable materials. See Michigan Laws 324.17501

Registered professional nurse: means an individual licensed to engage in the practice of nursing as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 691.1501

Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 168.3

Regular election date: means 1 of the dates established as a regular election date in section 641. See Michigan Laws 168.3

Related to a collaborative matter: means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. See Michigan Laws 691.1332

Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101

Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101

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.

Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11

Resident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is registered as a motor vehicle in this state. See Michigan Laws 324.74101

Resident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101

Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101

Response activity: means that term as it is defined in part 201 or corrective action as defined in part 213. See Michigan Laws 324.19601

Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101

Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101

restaurant: means a fixed or mobile establishment serving food to the public for consumption on the premises. See Michigan Laws 691.1521

Retailer: means a person who sells or offers to sell batteries to consumers within this state. See Michigan Laws 324.17101

Retailer: means a person that sells a covered electronic device to a consumer by any means, including transactions conducted through sales outlets, catalogs, mail order, or the internet, whether or not the person has a physical presence in this state. See Michigan Laws 324.17301

RETAP: means the retired engineers technical assistance program created in section 14511. See Michigan Laws 324.14501

Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}

Riparian owner: means a person who has riparian rights. See Michigan Laws 324.30101

River: means a flowing body of water or a portion or tributary of a flowing body of water, including streams, creeks, or impoundments and small lakes thereon. See Michigan Laws 324.30501

River management: means the control of river flow by the operation of dams, reservoirs, conduits, and other human-made devices in order to improve and expand the uses of the river for those who depend upon it for a variety of private and public benefits. See Michigan Laws 324.31101

School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4

Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101

Security interest: means any interest, including a reversionary interest, in real property created or established for the purpose of securing a loan or other obligation. See Michigan Laws 324.20101

Shoreland: means the land, water, and land beneath the water that is in close proximity to the shoreline of a Great Lake or a connecting waterway. See Michigan Laws 324.32301

Shoreline: means that area of the shorelands where land and water meet. See Michigan Laws 324.32301

Sign: means , with present intent to authenticate or adopt a record, either of the following:

(i) To execute or adopt a tangible symbol. See Michigan Laws 691.1332

signature on file: means any of the following:

(a) Any signature of an elector contained in the qualified voter file. See Michigan Laws 168.766a

Small business: means a business with 10 or fewer employees. See Michigan Laws 324.17301

Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.71101

Social services agency: means a person, other than an individual, that is licensed by this state to provide child social welfare programs. See Michigan Laws 691.1633

Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101

Split interest trust: means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC. See Michigan Laws 14.272

Stamp sands: means finely grained crushed rock resulting from mining, milling, or smelting of copper ore and includes native substances contained within the crushed rock and any ancillary material associated with the crushed rock. See Michigan Laws 324.20101

State: means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. See Michigan Laws 691.1401

State issuer: means the state of Michigan, an agency, authority, or other instrumentality created by the laws of this state, the governing body of which is composed of members elected by the people or appointed in whole or in part by a state officer, or a state college or university listed or described in section 4 of article VIII of the state constitution of 1963, which entity is authorized to issue bonds. See Michigan Laws 12.112

State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74101

State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74301

State park improvement account: means the state park improvement account of the Michigan conservation and recreation legacy fund provided for in section 2030. See Michigan Laws 324.74101

State park revenues: means all revenues collected for state parks, including but not limited to, revenue from recreation passport fees, motor vehicle permits, concession fees, nonmotorized trail permits, fees, leases, camping fees, sale of farm animals from Maybury state park, donations, and gifts. See Michigan Laws 324.74101

State treasurer: means the state treasurer of this state or his or her designee, if the designee is authorized to exercise delegated signatory power for purposes of this act in a written instrument signed by the state treasurer and maintained in a permanent file. See Michigan Laws 12.272

Statewide trail network: means the statewide trail network established in section 72114. See Michigan Laws 324.72101

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Strategic outreach and attraction reserve fund: means the strategic outreach and attraction reserve fund created in section 4. See Michigan Laws 12.252

Structured settlement: means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment to resolve a tort claim. See Michigan Laws 691.1302

Structured settlement agreement: means an agreement, judgment, stipulation, or release embodying the terms of a structured settlement. See Michigan Laws 691.1302

Structured settlement obligor: means , with respect to a structured settlement, a person that has a continuing obligation to make periodic payments to a payee under the structured settlement agreement or a qualified assignment agreement. See Michigan Laws 691.1302

Structured settlement payment rights: means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if 1 or more of the following conditions exist:

(i) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state. See Michigan Laws 691.1302

Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.

Surplus water: means water that may be impounded without decreasing the flow of a river or stream below its optimum flow. See Michigan Laws 324.31301

System: means all of those rivers or portions of rivers designated under this part. See Michigan Laws 324.30501

takeback program: means a computer takeback program or a video display device takeback program. See Michigan Laws 324.17301

Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified in a rule promulgated by the department. See Michigan Laws 324.20101

Terms of the structured settlement: means , with respect to a structured settlement, the terms of the structured settlement agreement, an annuity contract, a qualified assignment agreement, or an order or other approval of a court that authorized or approved the structured settlement. See Michigan Laws 691.1302

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Teva settlement: means the master settlement agreement arising out of the MDL and entered into by this state with Teva Pharmaceuticals. See Michigan Laws 691.1672

Thermostat: means a consumer product that uses a switch that contains mercury or a mercury compound to sense and control room temperature, including room temperature in residential, commercial, industrial, and other buildings, by communicating with heating, ventilating, or air-conditioning equipment. See Michigan Laws 324.17201

this part: includes "rules promulgated under this part". See Michigan Laws 324.20101

threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101

Tobacco settlement revenue: means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. See Michigan Laws 12.252

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.

Township: means a general law township or a charter township. See Michigan Laws 691.1401

Trail: means a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel. See Michigan Laws 324.72101

trail: means a right-of-way adapted to foot or horseback travel. See Michigan Laws 324.72301

Transfer: means a sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights a payee makes for consideration; except that "transfer" does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, unless action has been taken to redirect the structured settlement payments to the insured depository institution or to an agent or successor in interest of the depository institution, or action has been taken to otherwise enforce the blanket security interest against the structured settlement payment rights. See Michigan Laws 691.1302

Transfer agreement: means an agreement providing for a transfer of structured settlement payment rights. See Michigan Laws 691.1302

Transfer date: means that term as defined in section 12b. See Michigan Laws 380.381

Transfer expenses: means all expenses of a transfer that the transfer agreement requires the payee to pay or have deducted from the gross advance amount, including, but not limited to, court filing fees, attorney fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. See Michigan Laws 691.1302

Transferee: means a person acquiring or proposing to acquire structured settlement payment rights through a transfer. See Michigan Laws 691.1302

Treasurer: means the state treasurer or a deputy or employee of the department of treasury that the state treasurer authorizes to act under this act. See Michigan Laws 12.112

Tribunal: means any of the following:

(i) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter. See Michigan Laws 691.1332

Trust: means an express trust created by a trust instrument, including a will. See Michigan Laws 14.272

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trustee: A person or institution holding and administering property in trust.

Trustee: means the trustee or person possessing a power referred to in this act. See Michigan Laws 14.272

Unavailable: means that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office. See Michigan Laws 691.972

Unified volume limitation: means the ceiling for this state on the aggregate amount of bonds that may be issued by all issuers in the state as prescribed by section 146 of the internal revenue code for a particular year. See Michigan Laws 12.112

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4

Uniformed and overseas citizens absentee voting act: means the uniformed and overseas citizens absentee voting act, 42 USC 1973ff to 1973ff-6. See Michigan Laws 168.18

United States Department of Defense verified electronic signature: means the certificate-based digital identification code issued to qualified personnel by the United States Department of Defense as part of the Common Access Card, or its successor. See Michigan Laws 168.18a

Uphold: The decision of an appellate court not to reverse a lower court decision.

Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101

Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101

Verdict: The decision of a petit jury or a judge.

Vessel: means all watercraft except the following:

(i) Watercraft used for commercial fishing. See Michigan Laws 324.71101

Video display device: means an electronic device with a viewable screen of 4 inches or larger that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite. See Michigan Laws 324.17301

Video display device takeback program: means a program required under section 17305(d). See Michigan Laws 324.17301

Volunteer: means an individual who is specifically designated as a volunteer and who is acting solely on behalf of a governmental agency. See Michigan Laws 691.1401

Walgreens national settlement: means the master settlement agreement arising out of the MDL and entered into by this state with Walgreens Pharmacy. See Michigan Laws 691.1672

Walmart settlement: means the master settlement agreement arising out of the MDL and entered into by this state with Walmart. See Michigan Laws 691.1672

Water trail: means a designated route on a body of water. See Michigan Laws 324.72101

Watercraft: means any contrivance that is used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include watercraft used or owned by the United States. See Michigan Laws 324.71101

Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.79101

Watershed: means the drainage area of a stream. See Michigan Laws 324.31101

Watershed: means a geographic area in the state within which surface water drains into a common river, stream, or body of water. See Michigan Laws 324.31201

Watershed alliance: means an organization established under section 31202. See Michigan Laws 324.31201

Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.71101

Willful misconduct: means conduct or a failure to act that was intended to cause harm. See Michigan Laws 691.1473

Willful misconduct: means conduct or a failure to act that is intended to harm the plaintiff. See Michigan Laws 691.1633

Writ: A formal written command, issued from the court, requiring the performance of a specific act.