Chapter 1 Contracts in Restraint of Trade
Chapter 2 Combinations in Restraint of Trade
Chapter 2.5 Combinations to Obstruct Sales of Livestock
Chapter 4 Unfair Trade Practices
Chapter 5 Enforcement
Chapter 6.5 Reassignments
Chapter 7 Sales of Telephone and Other Communications Equipment

Terms Used In California Codes > Business and Professions Code > Division 7 > Part 2

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals, or any unit or berth on a commercial passenger ship, which is included in the offering of a time-share plan. See California Education Code 16313
  • Acquiring district: means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780. See California Education Code 35514
  • Acquiring district: means a district in which all or a part of, a state-aided district or an applicant district has been included. See California Education Code 16733
  • Action: includes a civil action and a criminal action. See California Education Code 17524
  • Activity expense: as used in this chapter means any expense incurred or payment made by a lobbyist, lobbying firm, lobbyist employer or a person described in subdivision (b) of Section 86115, or arranged by a lobbyist or lobbying firm, which benefits in whole or in part any elective state official, legislative official, agency official, state candidate, or a member of the immediate family of one of these individuals. See California Health and Safety Code 43655
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administering agency: means any agency designated pursuant to Section 25502 of the Health and Safety Code. See California Education Code 17210
  • Advanced transportation technologies: means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state's commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency. See California Revenue and Taxation Code 50113.2
  • Advocate: as used in this part means the "Property Taxpayers' Advocate" designated pursuant to Section 5904. See California Penal Code 31755
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency official: as used in this chapter means any official of a state agency whose administrative actions the lobbyist, lobbying firm, lobbyist employer, or person described in subdivision (b) of Section 86115 has attempted or is attempting to influence. See California Health and Safety Code 43655
  • agency shop: means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or a period of three years from the effective date of the agreement, whichever comes first. See California Health and Safety Code 41985
  • Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Government Code 31471
  • Alternative sources: means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840. See California Revenue and Taxation Code 50113.2
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. See California Revenue and Taxation Code 41133
  • Amortization: Paying off a loan by regular installments.
  • Apparent owner: means the person who appears from the records of the holder to be entitled to property held by the holder. See California Education Code 18338
  • Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Government Code 31471
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16502
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16702
  • 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.
  • assault weapon: means the following designated semiautomatic firearms:

    California Penal Code 30510

  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Education Code 19460.5
  • Association: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, foundation, or federation, or any other society, organization, or association, or degree, branch, subordinate lodge, or auxiliary thereof. See California Government Code 16726
  • Association: means the organized body consisting of the purchasers of time-share interests in a time-share plan. See California Education Code 16313
  • At large: means the election of members of the board of directors all of whom are elected by the voters of the entire district. See California Penal Code 30650
  • Authority: means the Community Revitalization and Investment Authority created pursuant to this division. See California Health and Safety Code 9603
  • Authority: shall mean the California Transportation Financing Authority. See California Government Code 53395.14
  • Authority: means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given. See California Revenue and Taxation Code 50113.2
  • authority: means the Siskiyou Railroad Authority. See California Education Code 18312
  • 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.
  • Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Education Code 18338
  • 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.
  • best available control technology: has the meaning provided in Section 40405. See California Health and Safety Code 40951
  • best available retrofit control technology: has the meaning given in Section 40406. See California Health and Safety Code 40952
  • bioanalyst: means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. See California Education Code 56836.31
  • Blind: means a person having central visual acuity not to exceed 20-200 in the better eye, with corrected lenses, or visual acuity greater than 20-200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. See California Education Code 17324
  • Board: means the state board, department, or agency authorized by that act to request the committee to cause bonds to be issued for the purpose of creating a fund that is to be expended by the board for the purposes specified in that act. See California Government Code 16722
  • board: refers to the State Board of Chiropractic Examiners. See California Education Code 56836.159
  • Board: as used in this chapter , means the regional planning board. See California Government Code 31472
  • board: means the Public Employment Relations Board established pursuant to Section 3541. See California Health and Safety Code 42301.10 v2
  • Board: means the State Mining and Geology Board. See California Government Code 31499.16
  • board: means the California Department of Tax and Fee Administration. See California Education Code 5301
  • Board: means the State Allocation Board. See California Education Code 16502
  • Board: means the State Allocation Board. See California Education Code 16702
  • Board: means the governing board of a community college district. See California Education Code 56366.12
  • board of directors: means the legislative body or governing board of a district. See California Penal Code 31810
  • Board of directors: means the board of directors of a district that establishes policies for the operation of the district. See California Penal Code 30650
  • Bond: means a state general obligation bond issued pursuant to an act adopting the provisions of this chapter. See California Government Code 16722
  • Bond act: means the act authorizing the issuance of state general obligation bonds and adopting this chapter by reference. See California Government Code 16722
  • Bonded indebtedness: includes any financial encumbrance, including, but not limited to, bonds, lease revenue bonds, certificates of participation, mortgages, liens, or loans, on a building. See California Health and Safety Code 40480
  • Bonds: shall mean bonds, notes, debentures, commercial paper, or any other evidence of indebtedness, lease, installment, sale, or certificate of participation thereon, issued by the authority or a project sponsor pursuant to this division. See California Government Code 53395.14
  • Building: means a single structure or connected structures. See California Health and Safety Code 40480
  • building: includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the district and the private person, firm, or corporation. See California Education Code 17515
  • building: includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be jointly occupied and used. See California Education Code 17528
  • Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Education Code 18338
  • By divisions: means the election of members of the board of directors who are residents of the division from which they are elected only by voters of the division. See California Penal Code 30650
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • chamber load indicator: means a device that plainly indicates that a cartridge is in the firing chamber. See California Revenue and Taxation Code 41164
  • charity: shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. See California Education Code 17296
  • City: includes city and county. See California Education Code 17322
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Education Code 5227
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Education Code 18555
  • city: means a city governed under a freeholders' charter. See California Government Code 51540
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • Civil action: includes civil proceedings. See California Education Code 17527
  • Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Government Code 31471
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • CLIA laboratory director: means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS). See California Education Code 56842
  • Client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subparagraph (A) of paragraph (1) of subdivision (b). See California Education Code 18120
  • clinical histocompatibility scientist: means any person, other than a person licensed to direct a clinical laboratory, or licensed as a clinical laboratory scientist or trainee, who is licensed under Sections 1261, 1261. See California Education Code 59000
  • clinical laboratory scientist: means any person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Education Code 56836.39
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Education Code 59030
  • Commission: means the Seismic Safety Commission. See California Government Code 31493
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
  • Commission: means the Seismic Safety Commission. See California Government Code 31499.16
  • Commission: shall mean the California Transportation Commission. See California Government Code 53395.14
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • Commissioner: means the Real Estate Commissioner. See California Education Code 16313
  • committee: means the Garlic and Onion Dehydrator Advisory Committee. See California Penal Code 30910
  • Committee: means the finance committee or other body created by that act and authorized to cause bonds to be issued by the adoption of a resolution or resolutions. See California Government Code 16722
  • Committee: means the Pooled Money Investment Board. See California Government Code 17220
  • 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.
  • Communications service provider: means a cable television corporation, video service provider, or telephone corporation. See California Penal Code 30920
  • Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 56366.12
  • Community estate: includes both community property and quasi-community property. See California Government Code 50965
  • Component site: means a specific geographic location where accommodations that are part of a multisite time-share plan are located. See California Education Code 16313
  • 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.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • constable: means the marshal or the constable and any deputy marshal or deputy constable actively employed in the performance of duties as deputy marshal or constable. See California Health and Safety Code 41951
  • Construction: includes :

    California Education Code 8091

  • Construction or alteration: as used in this article includes any construction, reconstruction, or alteration of, or addition to, any school building. See California Education Code 17294
  • consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Revenue and Taxation Code 41167
  • Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Government Code 31471
  • Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Education Code 59030
  • Council: as used in this chapter , means the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040. See California Government Code 31454.6
  • Council of governments: means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. See California Government Code 31494.1
  • County: includes "city and county. See California Education Code 17389
  • county: includes "city and county". See California Education Code 1012
  • County: includes "city and county. See California Education Code 17491
  • County: includes city and county. See California Education Code 5091
  • county: includes the City and County of San Francisco. See California Government Code 31499.16
  • County: includes city and county. See California Education Code 5228
  • County: includes "city and county. See California Education Code 7005
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19428
  • County: means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. See California Education Code 56366.12
  • County treasurer: means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. See California Education Code 56366.12
  • Court facilities: consist of all of the following:

    California Health and Safety Code 40480

  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Criminal action: includes criminal proceedings. See California Education Code 17529
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Department: means the Department of Justice. See California Education Code 17309
  • department: means the State Department of Public Health. See California Education Code 56836.25
  • Department: means the Department of General Services. See California Government Code 16632
  • department: means the Department of Transportation. See California Government Code 16724
  • Department: shall mean the Department of Transportation. See California Government Code 53395.14
  • Department: means the Department of Housing and Community Development. See California Government Code 31494.1
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • Department: means the State Department of Education. See California Education Code 16502
  • 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 instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Developer: means and includes any person who creates a time-share plan or is in the business of selling time-share interests, other than those employees or agents of the developer who sell time-share interests on the developer's behalf, or retains agents to do the same, or any person who succeeds to the interest of a developer by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer time-share interests for disposition in the ordinary course of business. See California Education Code 16313
  • Devise: To gift property by will.
  • Direct labor: means all work required for the preparation, processing, assembling, and packing, but not including supervision, administration, inspection, and shipping. See California Education Code 17324
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16502
  • Director: means the Director of Education. See California Education Code 16702
  • Director: means "State Director of Health Services. See California Education Code 24944
  • dissenting shareholder: means the recordholder of dissenting shares and includes a transferee of record. See California Government Code 17296.5
  • dissenting shares: means shares to which all of the following apply:

    California Government Code 17296.5

  • district: means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Penal Code 31810
  • District: means a community services district created pursuant to this division or any of its statutory predecessors. See California Penal Code 30650
  • District: as used in this chapter , means a regional planning district created by the Office of Planning and Research pursuant to Section 65040. See California Government Code 31455
  • District: as used in this chapter , means a district created and operating under this chapter. See California Government Code 31471.5
  • Districts: means school districts of every kind or class. See California Education Code 35514
  • Divided district: means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. See California Education Code 35514
  • Docket: A log containing brief entries of court proceedings.
  • Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the internet. See California Education Code 17329
  • drop safety requirement for handguns: means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test:

    California Penal Code 31900

  • effective date: means January 1, 1977. See California Government Code 31484
  • 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
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Education Code 17498
  • Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Education Code 17499
  • element: means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. See California Government Code 31494.1
  • Employee benefit plan distribution: means any money, life insurance, endowment or annuity policy or proceeds thereof, securities or other intangible property, or any tangible property, distributable to a participant, former participant, or the beneficiary or estate or heirs of a participant or former participant or beneficiary, from a trust or custodial fund established under a plan to provide health and welfare, pension, vacation, severance, retirement benefit, death benefit, stock purchase, profit sharing, employee savings, supplemental unemployment insurance benefits or similar benefits, or which is established under a plan by a business association functioning as or in conjunction with a labor union which receives for distribution residuals on behalf of employees working under collective-bargaining agreements. See California Education Code 18338
  • Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Education Code 5093
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental assessor: means an environmental professional as defined in Section 312. See California Education Code 17210
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Education Code 17531
  • Exchange facilitator: means a person that does any of the following:

    California Education Code 18120

  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Education Code 17495
  • executive officer of the board: means the director of the California Department of Tax and Fee Administration for those duties, powers, and responsibilities transferred to the California Department of Tax and Fee Administration pursuant to Section 15570. See California Education Code 5302
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • factory-built building: means any building designed or intended for use as a school building which is either wholly manufactured or is in substantial part manufactured at an offsite location in accordance with building standards adopted and approved pursuant to Chapter 4 (commencing with Section 18935) of Part 2. See California Education Code 17350
  • 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.
  • Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Government Code 31471
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial institution: means a bank, credit union, savings and loan association, savings bank, or trust company chartered under the laws of this state or the United States whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or other similar or successor programs. See California Education Code 18120
  • Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Education Code 18338
  • firearm: includes the frame or receiver of the weapon:

    California Revenue and Taxation Code 41176

  • firearm safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Revenue and Taxation Code 43053
  • firing requirement for handguns: means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. See California Penal Code 31905
  • fiscal agent: means any state fiscal agent selected and acting pursuant to Chapter 2 (commencing with Section 16670). See California Government Code 16650
  • Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Health and Safety Code 4730.9
  • 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
  • Former district: means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780. See California Education Code 35514
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
  • Frequent user coordinated care housing services: means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. See California Government Code 31494.1
  • From divisions: means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district. See California Penal Code 30650
  • Full and adequate consideration: as used in this title means fair market value. See California Government Code 53363.9
  • Functional plan: as used in this chapter , means an intermediate- or short-range plan for the operation of a discrete function of state government. See California Government Code 31454.1
  • Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Government Code 31471
  • Fund: means the fund created by that act, and into which the proceeds from the sale of the bonds are paid. See California Government Code 16722
  • Fund: means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. See California Government Code 16632
  • 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 manager: means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors. See California Penal Code 30650
  • Geotechnical report: means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. See California Government Code 31499.16
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: as used in this article means a gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency official of any agency required to be listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist. See California Health and Safety Code 43704
  • Governing body: means the governing body of a local publicly owned electric utility, including, where applicable, a board appointed by a city council. See California Penal Code 30920
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Revenue and Taxation Code 43152.9
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Revenue and Taxation Code 43152.10
  • handgun safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Revenue and Taxation Code 43152.13
  • Handle: has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6. See California Education Code 17210
  • Hazardous air emissions: means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. See California Education Code 17210
  • Hazardous material: has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code. See California Education Code 17210
  • health fair: means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. See California Education Code 59002.5
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Education Code 18338
  • Identifiable writing: means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Education Code 59041
  • 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.
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Education Code 59030
  • 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
  • Indirect project children: means children of parents who have come to the district subsequent to the start of the state project and who are not employed by a contractor or subcontractor of a state project but who are children in the area in addition to those which would be expected as a result of normal development and growth of the area as determined pursuant to regulations of the director which he or she is hereby authorized to adopt. See California Education Code 16502
  • initiative: means the California Initiative to Advance Precision Medicine established in Section 65057. See California Government Code 31470.6
  • Insignia: includes badge, motto, button, decoration, charm, emblem, or rosette. See California Government Code 16726
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Issuer: shall mean the authority when the authority is the issuer of the bonds, and shall mean the project sponsor when the authority has authorized the project sponsor to be the issuer of the bonds. See California Government Code 53395.14
  • Item: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See California Education Code 17309
  • 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.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgment debtor: means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. See California Government Code 31471
  • jurisdiction: means a city, city and county, or county. See California Government Code 31494.1
  • laboratory director: means any person who is any of the following:

    California Education Code 56842

  • Latent power: means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006. See California Penal Code 30650
  • Law: includes constitutional, statutory, and decisional law. See California Education Code 17534
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • Licensee: means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Education Code 17351
  • licensing agency: means a panel of the Division of Medical Quality. See California Education Code 51741
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Education Code 17351
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Education Code 18338
  • Local consumer affairs agency: means and includes any city or county body which primarily provides consumer protection services. See California Government Code 53395.6
  • locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Revenue and Taxation Code 43201
  • magazine disconnect mechanism: means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. See California Revenue and Taxation Code 43303
  • Maintenance: means the ongoing upkeep of buildings, equipment, grounds, and utilities required to keep a building and its systems in a condition adequate to support its designed level of service. See California Health and Safety Code 40480
  • maintenance: includes any of the following:

    California Education Code 8070

  • Managing entity: means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan. See California Education Code 16313
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Measuring instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. See California Education Code 59030
  • mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
  • Mitigation: means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. See California Government Code 31499.16
  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • Month: means a calendar month, unless otherwise expressed. See California Education Code 17389
  • 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
  • New district: means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. See California Education Code 35514
  • new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Government Code 31484
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Oath: A promise to tell the truth.
  • Office: as used in this chapter means the Office of Planning and Research. See California Government Code 31454
  • office: means the Office of Emergency Services. See California Government Code 31493
  • Official census: as used in this chapter , means any decennial or special federal census, or an official estimate of the State Department of Finance. See California Government Code 31472.1
  • online dating service: means any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site or a mobile application. See California Education Code 35563
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Original district: means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780. See California Education Code 35514
  • Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Education Code 18338
  • Owner: means a person who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, a telephonic seller. See California Education Code 17309
  • Ownership or management: means the ownership or management of a cooperative or condominium for floating homes. See California Civil Code 800.300
  • Parkfield characteristic earthquake: means an earthquake that has, among other qualities, a magnitude between 5. See California Government Code 31490.6
  • Parkfield prototype earthquake prediction system: means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth's crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. See California Government Code 31490.6
  • Participating party: means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project. See California Revenue and Taxation Code 50113.2
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • Person: means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof. See California Education Code 16313
  • person: includes any individual, partnership, firm, association, or corporation. See California Education Code 17289
  • Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Education Code 17309
  • Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Education Code 18338
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Education Code 56836.24
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • person: includes an individual, partnership, firm, association, or corporation. See California Government Code 53395.17
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Education Code 17566
  • Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 5300
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • Person: means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, or any other form of a legal entity, and includes the agents and employees of that person. See California Education Code 18120
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 17413
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • persons: includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. See California Education Code 16700
  • Petition: includes any form of pleading brought pursuant to Section 65751, whether it is a petition, complaint, cross-complaint, complaint in intervention, or any other form. See California Government Code 31727.7
  • Petitioner: includes a petitioner, plaintiff, cross-complainant, or intervenor who files an action of any kind pursuant to Section 65751. See California Government Code 31727.7
  • Phase I environmental assessment: means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. See California Education Code 17210
  • Plan: means a community revitalization and investment plan and shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution. See California Health and Safety Code 9603
  • Plan area: means territory included within a community revitalization and investment area. See California Health and Safety Code 9603
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • portable equipment: includes any portable internal combustion engine and equipment that is associated with, and driven by, any portable internal combustion engine. See California Health and Safety Code 41751
  • 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 endangerment assessment: means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children's health, children's learning abilities, public health or the environment. See California Education Code 17210
  • premium finance agreement: means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a lender in installments the principal amount advanced by the lender to an insurer or producer in payment of premium on an insurance contract or contracts, plus charges, with the assignment, as security therefor, of the unearned premiums, accrued dividends, or loss payments. See California Education Code 18103
  • premium financing: means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance contracts only, and does not include the financing of insurance contract premiums purchased in connection with the financing of goods and services. See California Education Code 18101
  • Preparedness: means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. See California Government Code 31493
  • 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.
  • Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See California Education Code 17309
  • Principal county: means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district. See California Penal Code 30650
  • prior law: means the applicable law as in effect prior to January 1, 1977. See California Government Code 31484
  • Proceeding: includes an action. See California Government Code 50974
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Project: means a purpose for which an allocation may be requested and made under this chapter. See California Government Code 16632
  • project: means either of the following:

    California Government Code 31499.2

  • Project: means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components. See California Revenue and Taxation Code 50113.2
  • Project: shall mean and include all or a portion of the planning, design, development, finance, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, or maintenance of highway, public street, rail, bus, or related facilities supplemental to or improvements upon existing facilities currently owned or operated by the department or other project sponsor. See California Government Code 53395.14
  • Project: means the purposes for which a school district has applied for an apportionment. See California Education Code 16502
  • Project: means the purpose or purposes for which a school district has applied for an apportionment or apportionments. See California Education Code 16702
  • Project: means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. See California Education Code 56366.12
  • Project children: means children of parents who have come to the district subsequent to the start of the state project and who are employed by the State of California or the federal government in connection with a state project and children of parents employed by any contractor or subcontractor of a state project. See California Education Code 16502
  • Project sponsor: shall mean either the department, a regional transportation planning agency designated pursuant to Section 29532 or 29532. See California Government Code 53395.14
  • Property: includes both personal and real property. See California Education Code 17389
  • property: includes both real and personal property. See California Education Code 1012
  • Property: includes real and personal property and any interest therein. See California Government Code 50975
  • Proposed schoolsite: means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school. See California Education Code 17210
  • prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See California Education Code 17309
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Prudent investor standard: means the prudent investor rule described in Article 2. See California Education Code 18120
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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 library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
  • Public report: means a preliminary public report, conditional public report, final public report, or other such disclosure document authorized for use in connection with the offering of time-share interests pursuant to this chapter. See California Education Code 16313
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Government Code 50977

  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refunding warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. See California Government Code 17240
  • Region: as used in this chapter , means the area included within a district. See California Government Code 31473
  • Regional plan: as used in this chapter , means a comprehensive, long-term general plan for the physical development of the region, and any land outside its boundaries which in the board's judgment bears relation to its planning. See California Government Code 31474
  • Reimbursement warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. See California Government Code 17240
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedial action plan: means a plan approved by the Department of Toxic Substances Control pursuant to Section 25356. See California Education Code 17210
  • Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
  • Report: as used in this chapter , means the State Environmental Goals and Policy Report. See California Government Code 31454.5
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Resident: means a person who maintains a residence in a cooperative or condominium for floating homes. See California Civil Code 800.300
  • Residuals: means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. See California Education Code 18338
  • Revenue: means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority. See California Revenue and Taxation Code 50113.2
  • Revitalization project: means a physical improvement to real property funded by the authority. See California Health and Safety Code 9603
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Health and Safety Code 4730.9
  • safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
  • sale: shall include a gift made with the hope or expectation of monetary compensation. See California Education Code 17295
  • Salesperson: means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See California Education Code 17309
  • school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Education Code 59002
  • School building: as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 17283
  • School building: as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (a) any bleacher or grandstand with less than six rows of seats, (b) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and buildings utilized by adult schools for off-campus, voluntary adult education courses or registered apprentice courses, (c) any swimming pool, or (d) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. See California Education Code 17368
  • Secretary: means the secretary of the board of directors. See California Penal Code 30650
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • seller: means a person who, on his or her own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in Section 2871 of the Public Utilities Code, causes a telephone solicitation or attempted telephone solicitation to occur which meets the criteria specified in subdivision (a), (b), (c), or (d) and who is not exempted by subdivision (e), as follows:

    California Education Code 17308

  • Service of process: The service of writs or summonses to the appropriate party.
  • Service station: as used in this chapter , means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. See California Education Code 59001
  • Sheriff: includes marshal. See California Education Code 17389
  • Short-term prediction: means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. See California Government Code 31490.6
  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Education Code 17494
  • Solar energy system: means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. See California Government Code 17552
  • solicitation for charitable purposes: means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies:

    California Education Code 17296

  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17389
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17489
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 51072
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Government Code 51073
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • State act: means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6. See California Education Code 17210
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Education Code 1097
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State Clearinghouse: means the office of that name established by executive action of the Governor or any successor office designated by the Governor as the clearinghouse for information from the Office of Management and Budget in accordance with the Intergovernmental Cooperation Act of 1968 (P. See California Government Code 31464
  • State project: means any construction project undertaken by the state, or the state and federal government jointly, which will cause a sudden influx of people into the area affected and where sufficient housing, schools, and other community facilities are not available. See California Education Code 16502
  • State-aided district: means a district to which an apportionment has been made under this chapter. See California Education Code 16733
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Education Code 17577
  • Statute: includes a treaty and a constitutional provision. See California Education Code 17578
  • strategy: means the Sacramento district air quality improvement strategy. See California Health and Safety Code 40953
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Education Code 19424
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Government Code 51075
  • Supportive housing: means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. See California Government Code 31494.1
  • Supportive services: include , but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. See California Government Code 31494.1
  • Tender: means a term of a bond that gives the holder the right to have the bond purchased from the holder at a predetermined price prior to maturity. See California Government Code 16722
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • Time-share instrument: means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan. See California Education Code 16313
  • Time-share interest: means and includes either of the following:

    California Education Code 16313

  • Time-share plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. See California Education Code 16313
  • Time-share property: means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations. See California Education Code 16313
  • Traffic in: refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, or any other transfer for consideration or receipt in exchange for consideration. See California Education Code 17329
  • trainee: means any person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, or other equivalent licensee in the science or specialty or subspecialty for which he or she is licensed in a clinical laboratory certified for this purpose by the department under this chapter. See California Education Code 56836.40
  • Transitional housing: means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. See California Government Code 31494.1
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Education Code 17579
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • UC campus foundation: means the following corporations organized under the laws of the State of California: University of California, Berkeley Foundation, UC Davis Foundation, the University of California, Irvine Foundation, the UCLA Foundation, University of California, Merced Foundation, UC Riverside Foundation, U. See California Education Code 59041
  • Unapplied money: means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. See California Government Code 17220
  • unconventional pistol: means a firearm with both of the following characteristics:

    California Revenue and Taxation Code 43452.1

  • Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Health and Safety Code 4730.9
  • 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
  • union high school: shall be deemed to mean unified school district. See California Education Code 18311
  • unlicensed laboratory personnel: means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. See California Education Code 59001.4
  • unsafe handgun: means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:

    California Penal Code 31910

  • 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 pole: means an electricity or telephone pole, but does not include a street light pole or an electricity pole used solely for the transmission of electricity at 50 kilovolts or higher and not intended for distribution of communications signals or electricity at lower voltages. See California Penal Code 30920
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voter: means a voter as defined by Section 359 of the Elections Code. See California Penal Code 30650
  • Weighing instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. See California Education Code 59030
  • wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Revenue and Taxation Code 43473
  • Working capital: means moneys to be used by, or on behalf of, a project sponsor to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of a project, including, but not limited to, reserves for maintenance or operation expenses, interest for a period not to exceed one year on any loan for working capital made pursuant to this division, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Government Code 53395.14
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
  • Writing: includes printing and typewriting. See California Education Code 17389
  • Zone: means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. See California Penal Code 30650