Michigan Laws > Chapter 21 > Act 323 of 2018 – Michigan Infrastructure Council Act
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Terms Used In Michigan Laws > Chapter 21 > Act 323 of 2018 - Michigan Infrastructure Council Act
- ABLE: means achieving a better life experience. See Michigan Laws 206.982
- account: means an account established under this act. See Michigan Laws 206.982
- Account owner: means an individual who is a resident of this state, or a resident of a contracting state, and who enters into a Michigan ABLE savings program agreement and establishes an ABLE savings account. See Michigan Laws 206.982
- 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.
- Apprentice: means an individual who is engaged in learning cosmetology in a cosmetology establishment. See Michigan Laws 339.1201
- 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
- Artificial brine: means mineralized water formed by dissolving rock salt or other readily soluble rocks or minerals. See Michigan Laws 324.62501
- Asset: means infrastructure related to drinking water, wastewater, stormwater, transportation, energy, or communications, including, but not limited to, drinking water supply systems, wastewater systems, stormwater systems, drains, roads, bridges, broadband and communication systems, and electricity and natural gas networks. See Michigan Laws 21.602
- Asset class: means a single type of asset including its network and all associated appurtenances critical to its performance. See Michigan Laws 21.602
- Asset management: means an ongoing process of maintaining, preserving, upgrading, and operating physical assets cost-effectively, based on a continuous physical inventory and condition assessment and investment to achieve performance goals. See Michigan Laws 21.602
- Asset management plan: means a set of procedures to manage assets through their life cycles, based on principles of life cycle costing. See Michigan Laws 21.602
- Asset owner: means a person that owns or operates an asset. See Michigan Laws 21.602
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Barber: means a person who shaves or trims the beard of a person; cuts, trims, shampoos, relaxes, curls, permanently waves, dresses, tints, bleaches, colors, arranges, or styles the hair of a person; massages the face and head of a person; or renders personal services of a similar nature customarily done by a barber. See Michigan Laws 339.1101
- Barber college: means an establishment which renders for compensation the services of a barber, but having for its primary purpose the teaching for compensation of the theory and practice of serving as a barber. See Michigan Laws 339.1101
- Barbershop: means a place, establishment, or premises or part of a premises where a person performs as a barber. See Michigan Laws 339.1101
- 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
- Braiding: means providing or offering to the general public for compensation any of the following services solely for development or improvement of physical qualities of the natural hair structure:
(i) Intertwining in a systematic motion to create patterns in a 3-dimensional form. See Michigan Laws 339.1201Business entity: means a person described in section 105(5)(b) or (c), except a sole proprietorship or general partnership. See Michigan Laws 339.1801 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 Client: means a person that contracts with, or otherwise enters into an agreement with, an appraisal management company for the performance of real estate appraisal services. See Michigan Laws 339.2661 Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.1103 Commission: means the commission of natural resources. See Michigan Laws 324.301 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Contracting state: means a state without a qualified ABLE program that has entered into a contract with this state to provide its residents access to the Michigan ABLE program. See Michigan Laws 206.982 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Cosmetologist: means an individual who performs or offers to perform 1 or more cosmetology services. See Michigan Laws 339.1201 Cosmetology: means performing 1 or more cosmetology services. See Michigan Laws 339.1201 Cosmetology establishment: means a place of business at which 1 or more cosmetology services are offered or provided. See Michigan Laws 339.1201 Cosmetology services: means any of the following:
(i) Hair care services. See Michigan Laws 339.1201Cosmetology suite: means a room or suite located inside a licensed cosmetology establishment that is leased or rented from the owner of the cosmetology establishment for the purposes of offering or providing 1 or more cosmetology services. See Michigan Laws 339.1201 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Demonstration: means a show, seminar, or contest in which barber services are rendered for the purpose of educating barbers. See Michigan Laws 339.1101 Demonstrator: means a person who performs a service of a barber at a demonstration. See Michigan Laws 339.1101 Department: means the department of treasury. See Michigan Laws 21.602 Department: means the department of treasury. See Michigan Laws 206.963 Department: means the department of treasury. See Michigan Laws 206.982 Department: means the department of treasury. See Michigan Laws 206.1013 Department: means the department of treasury. See Michigan Laws 206.1033 Department: means the department of treasury. See Michigan Laws 206.1043 Department: means the department of treasury. See Michigan Laws 206.1063 Department: means the department of environmental quality. See Michigan Laws 324.62501 Designated beneficiary: means an eligible individual designated as the individual whose qualified disability expenses are expected to be paid from the account. See Michigan Laws 206.982 Designated representative: means an individual who is authorized to act on behalf of the designated beneficiary if the designated beneficiary is a minor or has a guardian, conservator, or other fiduciary who has been appointed for purposes of managing that designated beneficiary's financial affairs. See Michigan Laws 206.982 disability: means 1 or more of the following:
(i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:
(A) For purposes of article 2, substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position or substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's qualifications for employment or promotion. See Michigan Laws 37.1103educational institution: means a public or private institution or a separate school or department of a public or private institution, includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, school district, or university, and a business, nursing, professional, secretarial, technical, or vocational school, and includes an agent of an educational institution. See Michigan Laws 37.1401 Electrologist: means an individual who performs or offers to perform electrology. See Michigan Laws 339.1201 Electrology: means the permanent removal of hair from the body of an individual by the use of electricity. See Michigan Laws 339.1201 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 Eligible individual: means that term as defined in section 529A of the internal revenue code. See Michigan Laws 206.982 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 Esthetician: means an individual who performs or offers to perform skin care services. See Michigan Laws 339.1201 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. Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Fund: means the Michigan Alzheimer's association fund created in section 5. See Michigan Laws 206.963 Fund: means the Michigan junior achievement fund created in section 5. See Michigan Laws 206.1013 Fund: means the American Red Cross Michigan fund created in section 5. See Michigan Laws 206.1033 Fund: means the Lions of Michigan Foundation fund created in section 5. See Michigan Laws 206.1043 Fund: means the Kiwanis fund created in section 5. See Michigan Laws 206.1063 Fund: means the mineral well regulatory fund created in section 62509b. See Michigan Laws 324.62501 Funeral establishment: means a place of business used in the care and preparation for burial or transportation of a dead human body or a place where an individual represents that he or she is engaged in the profession of undertaking or the practice of mortuary science. See Michigan Laws 339.1801 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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. Hair care services: means arranging, cutting, dressing, curling, waving, cleansing, singeing, bleaching, coloring, tinting, trimming, styling, relaxing, perming, straightening, or similar work upon the hair of the head or a wig that an individual is wearing. See Michigan Laws 339.1201 Hearing aid: means an instrument or device designed for regular and constant use in or proximate to the human ear and represented as aiding or improving defective human hearing. See Michigan Laws 339.1301 Hearing aid dealer: means an individual who engages in the sale or offering for sale at retail of a hearing aid. See Michigan Laws 339.1301 Hearing aid salesperson: means an individual who engages in the sale or offering for sale at retail of a hearing aid and who is an employee of a hearing aid dealer. See Michigan Laws 339.1301 Holder of a license for the practice of mortuary science: means an individual who satisfactorily completes a course in mortuary science, passes an examination required under this article, serves the required resident training, and is issued a license for the practice of mortuary science. See Michigan Laws 339.1801 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 Instructor: means a person who instructs another in the theory and practice of serving as a barber. See Michigan Laws 339.1101 Instructor: means an individual who teaches or offers to teach 1 or more cosmetology services in a school of cosmetology. See Michigan Laws 339.1201 Internal revenue code: means the United States internal revenue code of 1986 in effect on January 1, 2015 or at the option of the taxpayer, in effect for the current year. See Michigan Laws 206.982 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 Majority leader: see Floor Leaders Management contract: means the contract executed between the treasurer and a program manager. See Michigan Laws 206.982 Manicuring services: means the cleansing, filing, shaping, buffing, polishing, or beautifying of the nails of the hands or feet, and the cleansing, massaging, stimulating, exercising, or beautifying of the skin of the hands, arms, and feet, manually or with the use of tools, appliances, or cosmetic preparations, including the repair of nails, or the creation or decoration of artificial nails. See Michigan Laws 339.1201 Manicurist: means an individual who performs or offers to perform manicuring services. See Michigan Laws 339.1201 Member of the family: means a family member as defined in section 529A of the internal revenue code. See Michigan Laws 206.982 Michigan ABLE savings program agreement: means the agreement between the program and an account owner that establishes an ABLE savings account. See Michigan Laws 206.982 Mineral well: means any well subject to this part. See Michigan Laws 324.62501 Minority leader: See Floor Leaders Mobile salon: means either of the following:
(i) A self-contained vehicle or other device that is moved, towed, or transported from 1 location to another and in which equipment used to perform 1 or more cosmetology services is installed. See Michigan Laws 339.1201Natural hair cultivation: means techniques that result in tension on hair strands such as twisting, wrapping, weaving, extending, locking, or braiding of the hair by hand, if that work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. See Michigan Laws 339.1201 Natural hair culturist: means an individual who is engaged in natural hair cultivation but does not include an individual who is engaged in natural hair cultivation if that activity is performed as part of the practice of a recognized religion. See Michigan Laws 339.1201 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 the person, whether owner or not, supervising or responsible for the drilling, operating, repairing, abandoning, or plugging of wells subject to this part. See Michigan Laws 324.62501 Owner: means a person who owns and conducts a cosmetology establishment or a school of cosmetology. See Michigan Laws 339.1201 Owner: means the person who has the right to drill, convert, or operate any well subject to this part. See Michigan Laws 324.62501 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. Performance goals: means standards of system performance that reflect asset management principles for asset preservation and sustainability, operations, capacity consistent with local needs, and identified levels of service. See Michigan Laws 21.602 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 21.602 Person: includes an individual, agent, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state, or any other legal, commercial, or governmental entity or agency. See Michigan Laws 37.1103 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 Place of public accommodation: means a business, educational institution, refreshment, entertainment, recreation, health, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. See Michigan Laws 37.1301 plan: means a plan that provides different investment strategies and allows account distributions for qualified disability expenses. See Michigan Laws 206.982 Pollution: means damage or injury from the loss, escape, or unapproved disposal of any substance at any well subject to this part. See Michigan Laws 324.62501 Practice of embalming: means the disinfecting or preserving of a dead human body, entirely or in part, by the use of a chemical substance, fluid, or gas in the body or by the introduction of a chemical substance, fluid, or gas into the body by a vascular or hypodermic injection, or by direct application into an organ or cavity. See Michigan Laws 339.1801 Practice of funeral directing: means engaging in or representing oneself as engaging in the supervising of the burial and disposal of a dead human body, managing a funeral establishment for the preparation, disposition, and care of a dead human body, or using, in connection with the user's name or funeral establishment, the word "funeral director" "funeral service professional" "undertaker" or "mortician" or any other title embodying the words "mortuary science" or otherwise implying that the individual is engaged as a funeral director. See Michigan Laws 339.1801 Practice of mortuary science: means the practice of embalming or the practice of funeral directing, or both. See Michigan Laws 339.1801 premises: means 1 of the following, as applicable:
(i) For a mobile salon described in subdivision (o)(i), the vehicle or other device and the equipment installed in the vehicle or device. See Michigan Laws 339.1201Program: means the Michigan ABLE savings program established pursuant to this act. See Michigan Laws 206.982 Program manager: means 1 or more entities selected by the treasurer to act as a manager of the program. See Michigan Laws 206.982 Public service: means a public facility, department, agency, board, or commission owned, operated, or managed by or on behalf of this state or a subdivision of this state, a county, city, village, township, or independent or regional district in this state or a tax exempt private agency established to provide service to the public, except that public service does not include a state or county correctional facility with respect to actions or decisions regarding an individual serving a sentence of imprisonment. See Michigan Laws 37.1301 Qualified disability expenses: means that term as defined in section 529A of the internal revenue code. See Michigan Laws 206.982 Qualified withdrawal: means a distribution that is not subject to a penalty or an excise tax under section 529A of the internal revenue code or taxation under the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 206.982 Quorum: The number of legislators that must be present to do business. Resident trainee: means an individual who is engaged in learning the practice of embalming or funeral directing or the practice of mortuary science under the instruction and personal supervision of a holder of a license for the practice of mortuary science in this state. See Michigan Laws 339.1801 School of cosmetology: means a school that teaches 1 or more cosmetology services at a premises designated in the license application. See Michigan Laws 339.1201 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 Skin care services: includes the following services or combination of services:
(i) Beautifying the skin of the body of an individual by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams, including body wrapping. See Michigan Laws 339.1201state: 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 Statute: A law passed by a legislature. Storage well: means a well drilled into a subsurface formation to develop an underground storage cavity for subsequent use in storage operations. See Michigan Laws 324.62501 Student: means a person learning the theory and practice of serving as a barber. See Michigan Laws 339.1101 Student: means an individual who is engaged in learning cosmetology or 1 or more cosmetology services in a school of cosmetology. See Michigan Laws 339.1201 Supervisor of mineral wells: means the state geologist. See Michigan Laws 324.62501 Test well: means a well, core hole, core test, observation well, or other well drilled from the surface to determine the presence of a mineral, mineral resource, ore, or rock unit, or to obtain geological or geophysical information or other subsurface data related to mineral exploration and extraction. See Michigan Laws 324.62501 Transportation asset management council: means the transportation asset management council created in section 9a of 1951 PA 51, MCL 247. See Michigan Laws 21.602 Treasurer: means the state treasurer. See Michigan Laws 206.982 Trustee: A person or institution holding and administering property in trust. Underground storage cavity: means a cavity formed by dissolving rock salt or other readily soluble rock or mineral, by nuclear explosion, or by any other method for the purpose of storage or disposal. See Michigan Laws 324.62501 Underground waste: means damage or injury to potable water, mineralized water, or other subsurface resources. See Michigan Laws 324.62501 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Water asset management council: means the water asset management council created in section 5002 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 21.602