Terms Used In Arizona Laws > Title 28 > Chapter 20 - State Highways and Routes

• Abandoned: means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. See Arizona Laws 8-201
• Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
• Adult: means a person who is eighteen years of age or older. See Arizona Laws 8-201
• Allegation: something that someone says happened.
• 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.
• 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
• Architect services: means those professional architect services that are within the scope of architectural practice as provided in Title 32, Chapter 1. See Arizona Laws 28-7361
• Board: means the transportation board. See Arizona Laws 28-101
• Budget: means the annual highway program prepared by the department. See Arizona Laws 28-6901
• Business: means a lawful activity, except a farm operation, that is conducted primarily by or for any of the following:

  (a) The purchase, sale, lease and rental of personal and real property and the manufacture, processing or marketing of products, commodities or other personal property. See Arizona Laws 28-7141

• Child safety services: means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family. See Arizona Laws 8-801
• Comparable replacement dwelling: means a dwelling that is all of the following:

  (a) Decent, safe and sanitary. See Arizona Laws 28-7141

• Construction services: means either of the following for construction-manager-at-risk and job-order-contracting project delivery methods:

  (a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods. See Arizona Laws 28-7361

• Construction-manager-at-risk: means a project delivery method in which:

  (a) There is a contract for construction services that is separate from the contract for design services, except that instead of a single contract for construction services, the department may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. See Arizona Laws 28-7361

• Contract: A legal written agreement that becomes binding when signed.
• Contract: means all types of department agreements, regardless of what they are called, for procurements pursuant to this article. See Arizona Laws 28-7361
• Contractor: means any person who has a contract with the department. See Arizona Laws 28-7361
• County highway: means a public road that is constructed and maintained by a county. See Arizona Laws 28-101
• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. See Arizona Laws 8-201
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• DCS report: means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455. See Arizona Laws 8-201
• Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
• Department: means the department of child safety. See Arizona Laws 8-201
• Design services: means architect services, engineer services or landscape architect services. See Arizona Laws 28-7361
• Design-build: means the process of entering into and managing a contract between the department and another party in which the other party agrees to both design and build a highway, a structure, a facility or other items specified in the contract. See Arizona Laws 28-7361
• Design-builder: means any individual, partnership, joint venture, corporation or other legal entity that is appropriately licensed in this state and that furnishes the necessary design services, in addition to construction of the work, whether by itself or through subcontracts, including subcontracts for architectural and engineering services. See Arizona Laws 28-7361
• Director: means the director of the department of transportation. See Arizona Laws 28-101
• Director: means the director of the department. See Arizona Laws 8-201
• Displacing agency: means the department in carrying out a program or project with federal or state financial assistance that causes a person to be a displaced person. See Arizona Laws 28-7141
• Division: means the highway division of the department of transportation. See Arizona Laws 28-6901
• Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
• Emergency: means an immediate threat to public health, welfare or safety caused by flood, earthquake, hurricane, tornado, explosion, fire or other catastrophe such that compliance with normal bidding procedures for repair or reconstruction of transportation facilities would be impracticable or contrary to the public interest. See Arizona Laws 28-7361
• Engineer services: means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1. See Arizona Laws 28-7361
• 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.
• Evidence: includes both of the following:

  (a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding. See Arizona Laws 28-101

• 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: means two or more persons who are living together in the same dwelling unit and who are related to each other by blood, marriage, adoption or legal guardianship. See Arizona Laws 28-7141
• Farm: means any lands primarily used for agriculture production. See Arizona Laws 28-101
• Farm operation: means an activity conducted primarily for the production of one or more agricultural products or commodities, including timber for sale and home use, and customarily producing the products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Arizona Laws 28-7141
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Finance services: means financing for a construction services project. See Arizona Laws 28-7361
• 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 city or town council or other authority of a city or town, the board of supervisors of a county or the transportation board. See Arizona Laws 28-7201
• Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
• In-home intervention: means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian. See Arizona Laws 8-801
• Independent living program: includes a residential program with supervision of less than twenty-four hours a day. See Arizona Laws 8-201
• Individual: means a person who is not a member of a family. See Arizona Laws 28-7141
• Initiation of negotiations: means the date the department first makes personal contact with the owner or the owner's personal representative of the property sought to be acquired if the price to be paid for the property is discussed. See Arizona Laws 28-7141
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Job-order-contracting: means a project delivery method in which:

  (a) The contract is for indefinite quantities of construction and, at the election of the department, may or may not include a guaranteed minimum amount of work. See Arizona Laws 28-7361

• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• Landscape architect services: means those professional landscape architect services that are within the scope of landscape architectural practice as provided in Title 32, Chapter 1. See Arizona Laws 28-7361
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local authority: means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state. See Arizona Laws 28-101
• Longitudinal access: means access to or use of any part of a right-of-way of a highway that extends generally parallel to the right-of-way for a total of thirty or more linear meters. See Arizona Laws 28-7381
• Maintenance services: means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. See Arizona Laws 28-7361
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• neglected: means :

  (a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services. See Arizona Laws 8-201

• 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.
• Operations services: means routine operation of existing facilities, structures, buildings or real property. See Arizona Laws 28-7361
• Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means :

  (a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101

• owners of record: includes a person, firm, partnership, association or corporation. See Arizona Laws 28-7201
• Person: means any corporation, business, individual, union, committee, club, other organization or group of individuals. See Arizona Laws 28-7361
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Person: means an individual, family, partnership, corporation or association. See Arizona Laws 28-7141
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
• Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Preconstruction services: means services and other activities during the design phase. See Arizona Laws 28-7361
• Prevention: means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems. See Arizona Laws 8-201
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Referral: means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. See Arizona Laws 8-201
• 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.
• Right-of-way: when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. See Arizona Laws 28-101
• Roadway: includes all or part of a platted or designated public street, highway, alley, lane, parkway, avenue, road, sidewalk or other public way, whether or not it has been used as such. See Arizona Laws 28-7201
• 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.
• Specific single project: means a project that is constructed at a single location, at a common location or for a common purpose. See Arizona Laws 28-7361
• State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
• State engineer: means the assistant director for the division. See Arizona Laws 28-6901
• State highway: means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state. See Arizona Laws 28-101
• State route: means a right-of-way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway. See Arizona Laws 28-101
• Statute: A law passed by a legislature.
• Subcontractor: means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with the department. See Arizona Laws 28-7361
• Telecommunication facility: means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment or power equipment or any other equipment, system or device that is used to transmit, receive, produce or distribute by wireless, wireline, electronic or optical signal for communication purposes. See Arizona Laws 28-7381
• Trailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. See Arizona Laws 28-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck: means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying. See Arizona Laws 28-101
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Verdict: The decision of a petit jury or a judge.
• worker: means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article. See Arizona Laws 8-801