Terms Used In Rhode Island General Laws > Chapter 5-57 - Burglar and Hold-Up Alarm Businesses

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Application: means a project proposed by a city, town, or LEA that would make capital improvements to public school facilities consistent with project evaluation criteria and chapter 41. See Rhode Island General Laws 45-38.2-1
• 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
• Approved project: means any project approved for financial assistance by the Council on Elementary and Secondary Education;

  (3)  "Corporation" means the Rhode Island health and educational building corporation as set forth in chapter 38. See Rhode Island General Laws 45-38.2-1

• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• authority: means any municipal public buildings authority created pursuant to this chapter, or, if the authority is abolished, the board, body, or commission succeeding to the principal functions or upon whom the powers of the authority given by this chapter are given by law. See Rhode Island General Laws 45-50-9
• 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.
• 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}
• Bequest: Property gifted by will.
• bonds: means and includes the notes, bonds, and other evidences of indebtedness or obligations which the authority is authorized to issue pursuant to this chapter. See Rhode Island General Laws 45-50-9
• Bonds: means bonds of the corporation issued under the provisions of this chapter, including refunding bonds, notwithstanding that the bonds may be secured by mortgage or the full faith and credit of the corporation or the full faith and credit of a participating institution for higher education or of a participating municipality or of a participating healthcare provider or any other lawfully pledged security of a participating educational institution or child daycare center or of a participating municipality or of a participating healthcare provider. See Rhode Island General Laws 45-38.1-3
• Borrower: means a student or a parent who has received or agreed to pay an education loan. See Rhode Island General Laws 45-38.1-3
• Business: means any lawful activity, excepting a farm operation, conducted primarily:

  (i)  For the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

  (ii)  For sale of services to the public;

  (iii)  By a nonprofit organization; or

  (iv)  Solely for the purposes of § 45-31. See Rhode Island General Laws 45-31.2-2

• Child daycare center: means a child daycare center as defined in § 42-12. See Rhode Island General Laws 45-38.1-3
• 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.
• construction: means and includes acquisitions, construction repair, rehabilitation, development, and installation, and the term "to construct" means and includes to acquire, to construct, to repair, to rehabilitate, to develop and to install, all in a manner as may be deemed desirable. See Rhode Island General Laws 45-50-9
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative hospital service organization: means a corporation created pursuant to chapter 6 of Title 7, which meets the requirements of Section 501(e) of the Internal Revenue Code of 1954, 26 U. See Rhode Island General Laws 45-38.1-3
• 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.
• Corporation: means the Rhode Island industrial facilities corporation, created and established as a nonbusiness corporation under and pursuant to chapter 6 of Title 7, as amended, and constituted and established as a public body corporate and agency of the state by § 45-37. See Rhode Island General Laws 45-37.1-3
• Corporation: means the Rhode Island health and educational building corporation created and established as a nonbusiness corporation, under and pursuant to chapter 6 of Title 7, as amended, and constituted and established as a public body corporate and agency of the state under § 45-38. See Rhode Island General Laws 45-38.1-3
• Corporation loans: means loans by the corporation to an educational institution or child daycare center for the purpose of funding education loans. See Rhode Island General Laws 45-38.1-3
• cost: includes the cost of purchase and installation of solar, wind, and renewable energy systems, which include solar thermal, solar electric, and wind energy systems that provide heating, cooling, hot water, or electricity to a building, together with equipment for collection, storage, distribution, and control, including structural components of a building specifically designed to retain heat derived from solar energy. See Rhode Island General Laws 45-50-9
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default insurance: means insurance insuring education loans, corporation loans, or bonds or notes of the corporation against default. See Rhode Island General Laws 45-38.1-3
• Default reserve fund: means a fund established pursuant to a resolution of the corporation for the purpose of securing education loans, corporation loans, or bonds or notes of the corporation. See Rhode Island General Laws 45-38.1-3
• Department: means the department of elementary and secondary education as established under title 16;

  (5)  "Eligible project" means an application, or a portion of an application, that meets the project evaluation criteria and approved by the council on elementary and secondary education;

  (6)  "Financial assistance" means any form of financial assistance provided by the corporation to a city, town, or LEA in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, loans, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;

  (7)  "Fund" means the school building authority capital fund;

  (8)  "LEA" means a local education agency, a public board of education, school committee or other public authority legally constituted within the state for administrative control or direction of one or more Rhode Island public elementary or secondary schools;

  (9)  "Market rate" means the rate the city, town, or LEA would receive on the open market at the time of the original loan agreement as determined by the corporation in accordance with its rules and regulations;

  (10)  "Project evaluation criteria" means the criteria used by the school building authority to evaluate applications and rank eligible projects;

  (11)  "Project priority list" means the list of eligible projects approved by the council on elementary and secondary education ranked in the order in which financial assistance shall be awarded by the corporation; and

  (12)  "Subsidy assistance" means the credit enhancements and other measures to reduce the borrowing costs for a city, town, or LEA. See Rhode Island General Laws 45-38.2-1

• 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.
• Devise: To gift property by will.
• Displaced person: means any person who, on or after January 2, 1971, moves from real property, or moves his or her personal property from real property, as a result of the acquisition of that real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a relocation agency; and, solely for the purposes of §§ 45-31. See Rhode Island General Laws 45-31.2-2
• Education loan: means a loan that is made by or on behalf of an educational institution or child daycare center from the proceeds of a corporation loan, to a student or parents of a student or both, to finance the student's attendance at the institution. See Rhode Island General Laws 45-38.1-3
• Educational facility: means one or more structures suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research, classroom, maintenance or storage or utility facility, and other structures or facilities related thereto or required for the instruction of students or the conducting of research or the operation of an educational institution, including parking and other facilities or structures essential or convenient for the orderly conduct of the educational institution, and also including equipment and machinery and other similar items necessary or convenient for the operations of a particular facility or structure in the manner for which its use is intended, but not including such items as books, fuel, supplies, or other items which are customarily deemed to result in a current operating charge. See Rhode Island General Laws 45-38-2
• Educational institution: means :

  (i)  An educational institution or local education authority participating in the school housing aid program as described in chapter 7 of Title 16 situated within this state which, by virtue of law or charter, is a public or other nonprofit educational institution empowered to provide a program of education at the primary, secondary, or high school level, beyond the high school level, and which is accredited by a nationally recognized educational accrediting agency or association and awards a bachelor's or advance degree or provides a program of not less than two (2) years' duration that is accepted for full credit toward a bachelor's degree;

  (ii)  Any nonprofit corporation, business corporation, limited liability company, or partnership or limited partnership the shareholders or members or partners or limited partners of which are limited to those entities described in subsection (13)(i) hereof;

  (iii)  Any nonprofit corporation, business corporation, limited liability company, partnership, or limited partnership that is a party to a public-private partnership agreement at least one of the parties of which is described in subsection (13)(i) hereof;

  (iv)  Any museum in this state as defined by § 34-44. See Rhode Island General Laws 45-38.1-3

• 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.
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Rhode Island General Laws 45-31.2-2
• federal agency: means and includes the United States of America, and any department of, or corporation, agency, or instrumentality created, designated, or established by the United States of America. See Rhode Island General Laws 45-50-9
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the board or body in which the general legislative powers of a municipality are vested. See Rhode Island General Laws 45-37-2
• Governing body: means the board or body in which the general legislative powers of the municipality are vested. See Rhode Island General Laws 45-38-2
• 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.
• Healthcare provider: means :

  (i)  Any nonprofit hospital incorporated under the laws of the state, including any nonprofit subsidiary corporations formed by any hospital or formed by the parent corporation of the hospital;

  (ii)  Any nonprofit corporation, the member or members of which consist solely of one or more hospitals or their parent corporations;

  (iii)  Any other hospital that is licensed as a general hospital or maternity hospital pursuant to chapter 17 of Title 23 that is exempt from taxation;

  (iv)  Any nonprofit group health association;

  (v)  Any cooperative hospital service organization, or any nonprofit corporation that is licensed as a skilled nursing and/or intermediate care facility pursuant to chapter 17 of Title 23, including any nonprofit subsidiary corporation formed by any of the foregoing skilled nursing and/or intermediate care facilities, or any nonprofit corporation eligible to receive funding, pursuant to chapter 8. See Rhode Island General Laws 45-38.1-3

• improvement: means and includes extension, enlargement, and improvement, and the term "to improve" means and includes to extend, to enlarge, and to improve all in a manner as may be deemed desirable. See Rhode Island General Laws 45-50-9
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• 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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Industrial facility: means any land, any building, or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, which are suitable for use for manufacturing, warehousing, or other industrial or commercial purposes, but does not include raw materials, work in process, or stock in trade. See Rhode Island General Laws 45-37-2
• Industrial pollution: means any gaseous, liquid, or solid waste substance, or combination thereof, resulting from any process of industry, manufacturing, trade, or business, or from the development, processing, or recovery of any natural resources which pollute the land, water, or air of the state. See Rhode Island General Laws 45-37.1-3
• 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}
• issue: except as otherwise provided in any series resolution, means or refers to all bonds issued as part of a series and all additional bonds with respect to bonds of series. See Rhode Island General Laws 45-50-9
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipality: means any city or town located in the state with powers set forth in this title. See Rhode Island General Laws 45-38.1-3
• municipality: means and includes any city or town within the state. See Rhode Island General Laws 45-50-9
• Municipality: means any city or town in the state. See Rhode Island General Laws 45-37-2
• Municipality: means any city or town in the state. See Rhode Island General Laws 45-37.1-3
• Municipality: means any city or town in the state. See Rhode Island General Laws 45-38-2
• Nonprofit group health association: means an association or a corporation established by an act of the general assembly, or created pursuant to chapter 6 of Title 7, to provide all or any part of a project or property to the citizens of this state. See Rhode Island General Laws 45-38.1-3
• Nonprofit organization: means any nonbusiness corporation duly organized under chapter 6 of Title 7. See Rhode Island General Laws 45-31.2-2
• Note: means a written promise to pay, including, but not limited to, capital notes and revenue anticipation notes. See Rhode Island General Laws 45-38.1-3
• Oath: A promise to tell the truth.
• oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
• 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.
• open space: means any space or area, the preservation or restriction of the use of which would:

  (1)  Maintain or enhance the conservation of natural or scenic resources,

  (2)  Protect natural streams or water supply,

  (3)  Promote conservation of soils, wetlands, beaches, or tidal marshes,

  (4)  Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open areas and open spaces,

  (5)  Afford or enhance public recreation opportunities,

  (6)  Preserve historic sites,

  (7)  Implement the recreation and open space plan adopted by the planning commission of the city or town, or

  (8)  Promote orderly urban or suburban development. See Rhode Island General Laws 45-36-1

• owner: means and includes all individuals, incorporated companies, copartnerships, societies, or associations and also municipalities, political subdivisions, and all public agencies and instrumentalities having any title or interest in any property, rights, easements, or franchises authorized to be acquired under the provisions of this chapter. See Rhode Island General Laws 45-50-9
• Parent: means any parent, legal guardian, or sponsor of the student at an educational institution or child daycare center. See Rhode Island General Laws 45-38.1-3
• Participating educational institution: means an educational institution or child daycare center which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project, or undertakes the refunding or refinancing of obligations or of a mortgage or of advances or undertakes the financing, directly or indirectly, of education loans, all as provided in and permitted by this chapter. See Rhode Island General Laws 45-38.1-3
• Participating healthcare provider: means a healthcare provider that, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Rhode Island General Laws 45-38.1-3
• Participating municipality: means a municipality that, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Rhode Island General Laws 45-38.1-3
• 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.
• person: means and includes natural persons, firms, associations, corporations, business trusts, partnerships, and public bodies. See Rhode Island General Laws 45-50-9
• Person: means any individual partnership, corporation, or association. See Rhode Island General Laws 45-31.2-2
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• 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}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probate: Proving a will
• project: means any public facility or public equipment which the authority is authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the provisions of this chapter, to provide for the conduct of the executive, legislative, and judicial functions of government, and its various branches, departments, and agencies. See Rhode Island General Laws 45-50-9
• Project: means any land and any building or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment, or any interest in them, whether or not now in existence or under construction, which are suitable for use for manufacturing, warehousing, or other industrial or commercial purposes, or suitable for pollution abatement or control, for the reconstruction, modernization, or modification of existing industrial plants for the abatement or control of industrial pollution or suitable for solid waste disposal, or for any combination of these purposes, including working capital, but does not include raw materials, work in process, or stock in trade. See Rhode Island General Laws 45-37.1-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• public equipment: means and includes all tangible personal property, new or used, including, without limiting the generality of the foregoing, all machinery, equipment, transportation equipment, maintenance equipment, construction equipment, sanitation equipment, police, fire and public safety equipment, and all other things and rights usually included within that term, including any and all interests in property which are less than full title, such as leasehold interests, security interests, and every other interest or right, legal or equitable. See Rhode Island General Laws 45-50-9
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public-private partnership agreement: means an arrangement or agreement pursuant to which a nonprofit corporation, business corporation, limited liability company, partnership, or limited partnership undertakes or develops a project for an educational institution, municipality, or a healthcare provider including, but not limited to, a lease arrangement, wherein pursuant to such arrangement or agreement at the conclusion of such arrangement or agreement the ownership of the bond-financed or note-financed project is transferred to the educational institution, municipality, or healthcare provider for no additional consideration. See Rhode Island General Laws 45-38.1-3
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recreational facility: means a system of public recreation established by § 32-3-2. See Rhode Island General Laws 45-38.1-3
• Relocation agency: means any agency, state or local, receiving federal assistance to carry out a relocation program. See Rhode Island General Laws 45-31.2-2
• 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.
• School housing project: means an "approved project" as defined in § 16-7-36. See Rhode Island General Laws 45-38.1-3
• School housing project financing: means bonds issued through the corporation to fund school housing projects as provided in and permitted by § 16-7-44. See Rhode Island General Laws 45-38.1-3
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Service of process: The service of writs or summonses to the appropriate party.
• Solid waste: means any refuse matter, trash, or garbage from residences, manufacturing and industrial plants, hotels, apartments, or any other public or private building. See Rhode Island General Laws 45-37.1-3
• State: means the state of Rhode Island. See Rhode Island General Laws 45-38.1-3
• state: means and includes the state of Rhode Island, and any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality thereof. See Rhode Island General Laws 45-50-9
• State: means the state of Rhode Island. See Rhode Island General Laws 45-37.1-3
• State reimbursement: shall mean the state's share of school housing project cost as determined in accordance with § 16-7-35 — § 16-7-47. See Rhode Island General Laws 45-38.1-3
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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}
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Verdict: The decision of a petit jury or a judge.