Michigan Laws > Chapter 380 > Act 451 of 1976


Part 1	General Provisions
Part 5B	Community Districts
Part 6	School Districts of the First Class
Part 6A	Public School Academies
Part 6C	Urban High School Academies
Part 6E	Schools of Excellence
Part 7	Intermediate School Districts

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Terms Used In Michigan Laws > Chapter 380 > Act 451 of 1976 > Article 1

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: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
Absent voter ballot: means a ballot that is issued to a voter through the absent voter process. See Michigan Laws 168.2
Accessible and available market: means that opportunities exist to sell wastepaper products that are collected pursuant to this part at rates and at locations that make it fiscally reasonable to collect that paper. See Michigan Laws 324.16501
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjusted household income: means that term as defined in R 125. See Michigan Laws 207.902
Adulterated: means adulterated as determined under the Michigan food law of 1968, Act No. See Michigan Laws 10.121
Adverse resource impact: means any of the following:

(i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.

Advisory council: means the Michigan trails advisory council created in section 72110. See Michigan Laws 324.72101

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

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 drain: means a human-made conveyance of water that meets all of the following requirements:

(a) Does not have continuous flow. See Michigan Laws 324.30305

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

Agricultural use: means property that is substantially devoted to the production of plants and animals useful to people, including forages and sod crops; grains and feed crops; dairy and dairy products; poultry; livestock, including breeding and grazing; fish; timber; fruits; vegetables; flowers; Christmas trees; plants or trees grown in an agricultural nursery; and other similar uses and activities. See Michigan Laws 205.221

Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302

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

Allegation: something that someone says happened.

Altered or degraded wetland: means wetland that meets any of the following criteria:

(i) Has been partially or fully drained, such as by ditching, tiling, or pumping. See Michigan Laws 324.30301

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.

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.

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

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.

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

Appraisal: A determination of property value.

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization

Aquifer performance test: means a controlled field test in which all of the following are done:

(i) At least 1 monitoring well is installed. See Michigan Laws 324.32706c

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.

Arrest: Taking physical custody of a person by lawful authority.

Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Associated facilities: means restrooms, shelters, campgrounds, and parking lots directly related to trails or waterways projects. See Michigan Laws 324.71101

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Attainable housing property: means that portion of real property not occupied by an owner of that real property of not more than 4 units that is classified as residential real property under section 34c of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 207.902

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

Authorizing body: means any of the following that issues a contract as provided in this part:

(i) The board of a school district. See Michigan Laws 380.501

Authorizing body: means the governing board of a state public university that issues a contract as provided in this part. See Michigan Laws 380.521

Authorizing body: means any of the following that issues a contract as provided in this part:

(i) The board of a school district. See Michigan Laws 380.551

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

Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

Balanced budget: A budget in which receipts equal outlays.

Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a

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

Bequeath: To gift property by will.

Bequest: Property gifted by will.

Block: means block as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 4.2006

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

Bond: means a performance bond from a surety company authorized to transact business in this state, a certificate of deposit, a cash bond, or an irrevocable letter of credit, in favor of the department. See Michigan Laws 324.16901

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

Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101

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.

certificate: means the certificate issued under section 6. See Michigan Laws 207.902

certificate: means the certificate issued under section 6. See Michigan Laws 207.952

Certificated teacher: means an individual who holds a valid teaching certificate issued by the superintendent of public instruction under section 1531. See Michigan Laws 380.551

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

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

Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101

Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701

Collection site: means , subject to subdivision (e), a site consisting of a parcel or adjacent parcels of real property where any of the following are accumulated:

(i) 500 or more scrap tires. See Michigan Laws 324.16901

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 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

Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 207.902

Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 207.952

Commission: means the commission of natural resources. See Michigan Laws 324.301

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

Commodity: means crumb rubber, tire chips, a ring or slab cut from a tire for use as a weight, or a product die-cut or punched from a tire, or any other product that, as determined by the department based on the product's production cost and value, is not likely to result in an accumulation, at the site of production or use, that poses a threat to public health or the environment. See Michigan Laws 324.16901

Commodity storage area: means 1 or more locations within a collection site where a commodity is stored. See Michigan Laws 324.16901

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

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Community cleanup site: means a site owned by a local unit of government or nonprofit organization that has received a scrap tire cleanup grant under section 16908(2)(c) and uses this site for the purpose of collecting scrap tires from residents as part of a community cleanup day or resident drop off. See Michigan Laws 324.16901

Community college: means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 380.501

Community college: means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 380.551

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

Community supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.32701

Compact: means the Great Lakes-St. See Michigan Laws 324.32701

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.

Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.21302

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

Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.32701

Containers: means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance. See Michigan Laws 324.16301

contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302

Contemplation of death: The expectation of death that provides the primary motive to make a gift.

Continuance: Putting off of a hearing ot trial until a later time.

Contract: A legal written agreement that becomes binding when signed.

Contract: means the executive act taken by an authorizing body that evidences the authorization of a public school academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a public school academy, as provided by this part, and confirming the status of a public school academy as a public school in this state. See Michigan Laws 380.501

Contract: means the executive act taken by an authorizing body that evidences the authorization of an urban high school academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on an urban high school academy, as provided by this part, and confirming the status of an urban high school academy as a public school in this state. See Michigan Laws 380.521

Contract: means the executive act taken by an authorizing body that evidences the authorization of a school of excellence and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a school of excellence, as provided by this part, and confirming the status of a school of excellence as a public school in this state. See Michigan Laws 380.551

Conviction: A judgement of guilt against a criminal defendant.

Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701

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.

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

Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302

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

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

County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101

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

Cyber school: means a school of excellence established under this part that has been issued a contract to be organized and operated as a cyber school under section 552(2) and that provides full-time instruction to pupils through online learning or otherwise on a computer or other technology, which instruction and learning may be remote from a school facility. See Michigan Laws 380.551

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

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

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

Dealer: means a person engaged in the sale, lease, or rental of an ORV as a regular business or, for purposes of selling licenses under section 81116, any other person authorized by the department to sell licenses or permits, or both, under this act. See Michigan Laws 324.81101

Decedent: A deceased person.

Decedent: means a deceased person and includes, but is not limited to, a testator, grantor, bargainor, vendor, donor, or person who dies intestate. See Michigan Laws 205.256

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

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16101

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 treasury. See Michigan Laws 207.902

Department: means the bureau of revenue of the department of treasury. See Michigan Laws 205.256

Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301

Department: means the department of environmental quality. See Michigan Laws 324.16901

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 324.30301

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

Department: means the department of environmental quality. See Michigan Laws 324.32701

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

Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301

Dependent: A person dependent for support upon another.

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 natural resources. See Michigan Laws 324.301

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 324.30301

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

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

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

district: means an area not less than 1 acre in size of a qualified local governmental unit established as provided in section 3. See Michigan Laws 207.952

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

Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701

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

Educational management company: means an entity that enters into an agreement with the governing board of a public school to provide comprehensive educational, administrative, management, or instructional services or staff to the public school. See Michigan Laws 380.521

Educational management organization: means an entity that enters into an agreement with the governing board of a public school to provide comprehensive educational, administrative, management, or instructional services or staff to the public school. See Michigan Laws 380.551

Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2

election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 168.654

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}

End-user: means any of the following:

(i) A person who possesses a permit to burn tires under part 55. See Michigan Laws 324.16901

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

Entity: means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity. See Michigan Laws 380.501

Entity: means a nonprofit corporation that is organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 380.521

Entity: means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity. See Michigan Laws 380.551

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 audit: means a voluntary and internal evaluation conducted on or after the effective date of this part of 1 or more facilities or an activity at 1 or more facilities regulated under state, federal, regional, or local laws or ordinances, or of environmental management systems or processes related to the facilities or activity, or of a previously corrected specific instance of noncompliance, that is designed to identify historical or current noncompliance and prevent noncompliance or improve compliance with 1 or more of those laws, or to identify an environmental hazard, contamination, or other adverse environmental condition, or to improve an environmental management system or process. See Michigan Laws 324.14801

Environmental audit report: means a document or a set of documents, each labeled at the time it is created "environmental audit report: privileged document" and created as a result of an environmental audit. See Michigan Laws 324.14801

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

Environmentally sound and economically feasible water conservation measures: means those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that meet all of the following:

(i) Are environmentally sound. See Michigan Laws 324.32701

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

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}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

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

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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

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

Executor: A male person named in a will to carry out the decedent

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

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Family-owned: means participation by the decedent or a qualified heir in the operation of the business for not less than 500 hours in 5 out of the 8 years immediately preceding the decedent's death and either of the following:

(i) The business is 100% owned by the decedent and qualified heirs, or for a corporation, 100% of the stock is owned by the decedent and qualified heirs. See Michigan Laws 205.221

Farm: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.16901

Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.32701

Farm operation: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.16901

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

Federal return: means any United States transfer tax return including federal estate tax returns and generation-skipping tax returns unless the context indicates a similar Michigan tax return. See Michigan Laws 205.256

Fiduciary: A trustee, executor, or administrator.

Fill material: means soil, rocks, sand, waste of any kind, or any other material that displaces soil or water or reduces water retention potential. See Michigan Laws 324.30301

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

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

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

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

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

Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}

Former wetland: means land that was wetland but that has been modified to the point that it no longer has the hydrologic characteristics of wetland. See Michigan Laws 324.30301

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

Fraud: Intentional deception resulting in injury to another.

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

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}

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 scrap tire regulatory fund created in section 16908. See Michigan Laws 324.16901

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 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

general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2

Generation-skipping transfer: means every transfer subject to the federal generation-skipping transfer tax in which the original transferor is a resident of this state at the date of the transfer by the original transferor or the property transferred is real or personal property situated in this state. See Michigan Laws 205.256

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

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

Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.21302

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

grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e

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 Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.32701

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

Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.32701

Great Lakes region: means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the provinces of Ontario and Quebec, Canada. See Michigan Laws 324.32701

Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302

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

HDPE: means high density polyethylene. See Michigan Laws 324.16101

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 state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101

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

Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 168.2

Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

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

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

Income-qualified household: means an individual, couple, family, or group of unrelated individuals whose adjusted household income is 120% or less of the countywide area median income as posted annually by the Michigan state housing development authority on its website. See Michigan Laws 207.902

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}

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

inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

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 that term as defined in section 30101. See Michigan Laws 324.78101

Institution of higher education: means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963. See Michigan Laws 15.181

Intangible personal property: means incorporeal personal property including, but not limited to, deposits in banks, negotiable instruments, mortgages, debts, receivables, shares of stock, bonds, notes, credits, evidences of an interest in property, evidences of debt, and choses in action generally. See Michigan Laws 205.256

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

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

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

Internal revenue code: means the United States internal revenue code of 1986, in effect on January 1, 1998 or, at the option of the personal representative, in effect on the date of the decedent's death. See Michigan Laws 205.256

Intestate: Dying without leaving a will.

Intrabasin transfer: means a diversion of water from the source watershed of a Great Lake prior to its use to the watershed of another Great Lake. See Michigan Laws 324.32701

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

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

Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.

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.

Juror: A person who is on the jury.

Label: means a molded, imprinted, or raised symbol on or near the bottom of a plastic product. See Michigan Laws 324.16101

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

Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701

Law enforcement officer: means any law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.16901

LDPE: means low density polyethylene. See Michigan Laws 324.16101

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

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legacy: A gift of property made by will.

Legatee: A beneficiary of a decedent

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

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

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

Lineal descendant: Direct descendant of the same ancestors.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

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 a municipality or county. See Michigan Laws 324.301

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, 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 city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.21302

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

major political party: means each of the 2 political parties whose candidate for the office of secretary of state received the highest and second highest number of votes at the immediately preceding general election in which a secretary of state was elected. See Michigan Laws 168.16

Majority leader: see Floor Leaders

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

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

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

Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17

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

Minor drainage: includes ditching and tiling for the removal of excess soil moisture incidental to the planting, cultivating, protecting, or harvesting of crops or improving the productivity of land in established use for agriculture, horticulture, silviculture, or lumbering. See Michigan Laws 324.30301

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 oil: means oil used as a lubricant in a motor vehicle. See Michigan Laws 324.16701

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 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

Municipality: means a city, village, or township. See Michigan Laws 324.301

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

NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

Nationwide permit: means a nationwide permit issued by the United States Army Corps of Engineers under 72 FR 11091 to 11198 (March 12, 2007), including all general conditions, regional conditions, and conditions imposed by this state pursuant to a water quality certification under section 401 of title IV of the federal water pollution control act, 33 USC 1341, or a coastal zone management consistency determination under section 307 of the coastal zone management act of 1972, 16 USC 1456. See Michigan Laws 324.30301

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 increase in wetland functions and services: means an increase in 1 or more wetland functions and services with not more than a minimal decrease in other wetland functions and services. See Michigan Laws 324.30301

New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701

New or increased withdrawal capacity: means new or additional water withdrawal capacity to supply a common distribution system that is an increase from the person's baseline capacity. See Michigan Laws 324.32701

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

Nonresident: means an individual who is not a resident. See Michigan Laws 205.256

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

Oath: A promise to tell the truth.

oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k

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.

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

Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101

Oil: means petroleum based oil. See Michigan Laws 324.16701

Operate: means to ride in or on, and be in actual physical control of, the operation of an ORV. See Michigan Laws 324.81101

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

Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303

Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101

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 ordinary high-water mark as specified in section 32502. See Michigan Laws 324.30301

Original transferor: means any grantor, donor, trustor, testator, or person who by grant, gift, trust, will, or otherwise, makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. See Michigan Laws 205.256

OTHER: means multilayer. See Michigan Laws 324.16101

outdoors: means in a place other than a building or covered vehicle. See Michigan Laws 324.16901

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

Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303

Owner: means any of the following:

(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101

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

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.

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, 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, firm, partnership, joint venture, association, corporation, limited liability company, company, estate, or any other group or combination acting as a unit. See Michigan Laws 205.256

Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301

Person: means an individual, sole proprietorship, partnership, corporation, association, municipality, this state, an instrumentality or agency of this state, the federal government, an instrumentality or agency of the federal government, or other legal entity. See Michigan Laws 324.30301

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: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

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

Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number, but does not include information on ORV operation or equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.81101

Personal property: All property that is not real property.

Personal representative: means the personal representative appointed by the probate court, including an independent personal representative, or, if a personal representative is not acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this act. See Michigan Laws 205.256

PETE: means polyethylene terephthalate. See Michigan Laws 324.16101

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

Plaintiff: The person who files the complaint in a civil lawsuit.

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

Plastic: means any material made of polymeric organic compounds and additives that can be shaped by flow. See Michigan Laws 324.16101

Plastic bottle: means a rigid plastic container with a capacity of 16 ounces or more that has a neck that is smaller than the body of the container. See Michigan Laws 324.16101

Plastic product: means a plastic bottle and any other rigid plastic container. See Michigan Laws 324.16101

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Portable shredding operation: means a person who operates scrap tire shredding equipment that produces a commodity or tire shreds and that can be moved from site to site. See Michigan Laws 324.16901

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

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

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

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Preventative measure: means an action affecting a stream or river that prevents an adverse resource impact by diminishing the effect of a withdrawal on stream or river flow or the temperature regime of the stream or river. See Michigan Laws 324.32701

primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7

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

Privilege: means the privilege provided to an environmental audit report as provided in this part. See Michigan Laws 324.14801

Probable cause: A reasonable ground for belief that the offender violated a specific law.

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.

Professional hydrologist or hydrogeologist: means an individual holding a license or registration from any state as a professional hydrologist, hydrogeologist, or geologist, or a current certification as a professional geologist by the American Institute of Professional Geology. See Michigan Laws 324.32706c

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

property: means the property or interest in property of the testator, intestate, grantor, bargainor, or vendor, passing or transferred to those not specifically exempted from this act, and not as the property or interest in property passing or transferred to the individual legatees, devisees, heirs, next of kin, grantees, donees, or vendees, and includes all property or interest in property whether situated within or without this state and including all property represented or evidenced by note, certificate, stock, land, contract, mortgage or other kind or character of evidence thereof, and regardless of whether that evidence of property is owned, kept or possessed within or without this state. See Michigan Laws 205.221

Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

prosecuting attorney: means the county treasurer or prosecuting attorney of the county having jurisdiction pursuant to section 10. See Michigan Laws 205.221

Public agency: means the department or a local or federal unit of government. See Michigan Laws 324.81101

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 highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.21303

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

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

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 elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10

Qualified farm real and personal property: means real and personal property located in this state that on the date of the decedent's death was devoted primarily to an agricultural use, and, for a decedent who dies before January 1, 1993, meets all the following conditions or, for a decedent who dies after December 31, 1992, meets the conditions in either subparagraph (ii) or (iii):

(i) The real property is eligible as farmland pursuant to part 361 (farmland and open space preservation) of the natural resources and environmental protection act, Act No. See Michigan Laws 205.221

Qualified heir: means an individual entitled to any beneficial interest in property who is the grandfather, grandmother, father, mother, husband, wife, child, legally adopted child, stepchild, brother, sister, wife or widow of a son, or husband or widower of a daughter of the decedent grantor, donor, or vendor, or for the use of a person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a parent, if the relationship began at or before the child's seventeenth birthday and continued until the death of the decedent grantor, donor, or vendor, or to or for the use of a lineal descendant of or a lineal descendant of a stepchild of the decedent grantor, donor, or vendor, or farm business partner, or to or for the use of any person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a farm business partner. See Michigan Laws 205.221

Qualified local governmental unit: means a city, village, or township. See Michigan Laws 207.902

Qualified local governmental unit: means a city, village, or township. See Michigan Laws 207.952

Qualified residential facility: means a new residential facility or a rehabilitated residential facility, located in a residential housing district. See Michigan Laws 207.952

Quorum: The number of legislators that must be present to do business.

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

Rare and imperiled wetland: means any of the following:

(i) Great Lakes marsh. See Michigan Laws 324.30301

RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303

RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recess: A temporary interruption of the legislative business.

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

Recycle: means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means to utilize used oil in a manner that substitutes for a petroleum product made from new oil, if the preparation or use is operationally safe, environmentally sound, and complies with the law, rules, and regulations of this state and the United States. See Michigan Laws 324.16701

Recycled paper: means a paper product that contains not less than 50% wastepaper. See Michigan Laws 324.16501

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

Registrant: means a person who has registered a water withdrawal under section 32705. See Michigan Laws 324.32701

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

Regulated substance: means any of the following:

(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303

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

Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303

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

Remand: When an appellate court sends a case back to a lower court for further proceedings.

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: means that term as defined in section 18 of the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 205.256

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

Retailer: means a person who sells or offers for sale new, retreaded, or remanufactured tires to consumers in this state. See Michigan Laws 324.16901

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

Retreader: means a person who retreads, recases, or recaps tire casings for reuse. See Michigan Laws 324.16901

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}

Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

Rigid plastic container: means any container composed predominantly of plastic resin and having a relatively inflexible finite shape or form that directly holds a substance or material and has a capacity of 8 ounces or more. See Michigan Laws 324.16101

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: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701

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

Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101

Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

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

School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4

School district election coordinator: means 1 of the following:

(i) For a school district whose entire territory lies within a single city or township, the city or township clerk. See Michigan Laws 168.4

Scrap tire: means a tire that is no longer being used for its original intended purpose including, but not limited to, a used tire, a reusable tire casing, or portions of a tire. See Michigan Laws 324.16901

Scrap tire hauler: means a person who transports more than 10 scrap tires at once in a vehicle on a public road or street. See Michigan Laws 324.16901

Scrap tire processor: means either of the following:

(i) A person who is authorized by this part to accumulate scrap tires and is engaged in the business of buying or otherwise acquiring scrap tires and reducing their volume by shredding or otherwise facilitating recycling or resource recovery techniques for scrap tires. See Michigan Laws 324.16901

seal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a

seal: shall be construed to include any of the following:

(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

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

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

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

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

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

Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303

Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701

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

Soil conservation district agency: means the agency of the district where the real property is located created pursuant to part 93 (soil conservation districts) of the natural resources and environmental protection act, Act No. See Michigan Laws 205.221

Solid waste hauler: means a solid waste hauler as defined in section 11506 who transports less than 25% by weight or volume of scrap tires along with other solid waste in any truckload to a disposal area licensed under part 115. See Michigan Laws 324.16901

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

Source watershed: means the watershed from which a withdrawal originates. See Michigan Laws 324.32701

Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4

Special primary: means a primary called by competent authority for the nomination of candidates to be voted for at a special election. See Michigan Laws 168.4

specific tax: means the specific tax levied under this act. See Michigan Laws 207.902

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

SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303

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: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o

State 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 land use agency: means the land use agency within the department of natural resources. See Michigan Laws 205.221

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 public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.501

State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.521

State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.551

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: A law passed by a legislature.

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

Storage requirements: means the requirements of section 16903(1) and, if applicable, (2). See Michigan Laws 324.16901

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

Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701

Stream reach: means a segment of a stream or river. See Michigan Laws 324.32701

Streamflow depletion calculation: means an evaluation of the potential streamflow depletion in which all of the following are done:

(i) The streambed conductance of the potentially impacted streams shall be measured in-situ using slug testing, seepage meter testing, or both. See Michigan Laws 324.32706c

Street: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101

Subpoena: A command to a witness to appear and give testimony.

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

Tangible personal property: means corporeal personal property. See Michigan Laws 205.256

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

Taxable value: means the value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 207.902

Taxable value: means the value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 207.952

Testator: A male person who leaves a will at death.

Testify: Answer questions in court.

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

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

Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a tractor or other farm machinery or of a vehicle. See Michigan Laws 324.16901

Tire storage area: means a location within a collection site where tires are accumulated. See Michigan Laws 324.16901

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.

Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 4.2006

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

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer: includes the passing of property or an interest in property in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale, or gift in the manner prescribed in this act. See Michigan Laws 205.221

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

Transfer tax: includes an estate, generation-skipping, inheritance, legacy, or succession tax for residents and nonresidents, including aliens. See Michigan Laws 205.256

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

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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

Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303

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: when used in a geographical sense includes only the 50 states and the District of Columbia. See Michigan Laws 205.256

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

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.

Used oil: means oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Michigan Laws 324.16701

User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.

utility line: means any pipe or pipeline used for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone or telegraph messages, or radio or television communication. See Michigan Laws 324.30305

Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303

Vehicle: means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway. See Michigan Laws 324.16901

vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101

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

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

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

village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9

Voting accessibility for the elderly and handicapped act: means the voting accessibility for the elderly and handicapped act, 42 USC 1973ee to 1973ee-6. See Michigan Laws 168.18

Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701

Wastepaper: means any discarded paper or corrugated paper board that is generated after the completion of the paper manufacturing process, and includes, but is not limited to, trimmings, printed paper, cutting and converting paper, newsprint, telephone books, catalogs, or other mixed postconsumer paper. See Michigan Laws 324.16501

Water dependent: means requiring access or proximity to or siting within an aquatic site to fulfill its basic purpose. See Michigan Laws 324.30301

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

Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701

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

Wetland: means a land or water feature, commonly referred to as a bog, swamp, or marsh, inundated or saturated by water at a frequency and duration sufficient to support, and that under normal circumstances does support, hydric soils and a predominance of wetland vegetation or aquatic life. See Michigan Laws 324.30301

Wetland functions and services: means any of the following:

(i) Wetland hydrology that approximates the predisturbance condition or that emulates the natural condition of the wetland. See Michigan Laws 324.30301

Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701

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