Terms Used In California Codes > Business and Professions Code > Division 7 > Part 3 > Chapter 1 > Article 2.6 - Sellers of Travel

• Alternate energy equipment: means equipment for the production or conversion of energy from alternate sources as its primary fuel source, such as solar, biomass, wind, geothermal, hydroelectricity under 30 megawatts, remote natural gas of less than one billion cubic feet estimated reserves per mile from an existing gas gathering line, natural gas containing 850 or fewer British Thermal Units per standard cubic foot, or any other source of energy, the efficient use of which will reduce the use of fossil or nuclear fuels. See California Government Code 4217.11
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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
• Area: as used in this chapter , means the area served, or proposed to be served, by the works, or proposed works. See California Health and Safety Code 4954
• 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 Government Code 25
• Assessment roll: refers to the assessment roll upon which general taxes of the entity are collected. See California Health and Safety Code 5470
• Assessor: as used in this part , means the assessor of a district. See California Health and Safety Code 6403
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Auditor: means the financial officer of the entity. See California Health and Safety Code 5470
• Authority: means the Community Revitalization and Investment Authority created pursuant to this division. See California Government Code 62000
• 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.
• Bequest: Property gifted by will.
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• Board: as used in this chapter , means the board of supervisors of the county in which a district is formed, or in which it is proposed to form a district. See California Health and Safety Code 4862
• Board of supervisors: as used in this part , means the board of supervisors of the county in which the greatest portion of the area of the district, is situated at the time of the filing of the petition for formation, unless another meaning is specified. See California Health and Safety Code 6408
• Bonds: as used in this chapter , means revenue bonds authorized by this chapter. See California Health and Safety Code 4956
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Clerk: as used in this chapter , means the clerk of the board of supervisors. See California Health and Safety Code 4863
• Clerk: as used in this chapter , means the clerk or secretary of the governing body or of the district. See California Health and Safety Code 4953
• Clerk: means the clerk of the legislative body or secretary of the entity. See California Health and Safety Code 5470
• Cogeneration equipment: means equipment for cogeneration, as defined in §. See California Government Code 4217.11
• 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.
• Competent spoil: means soils that can be treated to bring their moisture content into the optimum range, and that can achieve the compaction required by the city or county in whose jurisdiction an excavation is located. See California Government Code 4200
• Conservation measures: means equipment, maintenance, load management techniques and equipment, or other measures to reduce energy use or make for a more efficient use of energy. See California Government Code 4217.11
• Conservation services: means the electrical, thermal, or other energy savings resulting from conservation measures, which shall be treated as a supply of such energy. See California Government Code 4217.11
• Contamination: means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. See California Health and Safety Code 5410
• Contamination: means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. See California Health and Safety Code 5410
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: includes city and county. See California Government Code 19
• County: includes city and county. See California Health and Safety Code 14
• County: includes city and county. See California Business and Professions Code 17
• Deed: The legal instrument used to transfer title in real property from one person to another.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Devise: To gift property by will.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Distressed area: means a census tract determined by the Department of Finance, pursuant to Section 13073. See California Government Code 4532
• District: as used in this part , means a district formed pursuant to this part or pursuant to any law which it supersedes. See California Health and Safety Code 6400
• District: as used in this chapter , means a sewer maintenance district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Health and Safety Code 4861
• District: as used in this chapter , includes city, county, city and county, or any municipal or public corporation or district which is authorized to acquire, construct, own, or operate a sewer system. See California Health and Safety Code 4951
• district board: as used in this part , means the governing board of a district. See California Health and Safety Code 6401
• Docket: A log containing brief entries of court proceedings.
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. See California Code of Civil Procedure 17
• Energy conservation facility: means alternate energy equipment, cogeneration equipment, or conservation measures located in public buildings or on land owned by public agencies. See California Government Code 4217.11
• Energy service contract: means a contract entered into by a public agency with any person, pursuant to which the person will provide electrical or thermal energy or conservation services to a public agency from an energy conservation facility. See California Government Code 4217.11
• engineer: means the Director of Transportation, the Director of Water Resources, the Director of General Services, or a deputy or other person authorized by any such officer, and every county engineer, county surveyor, county highway engineer, road commissioner, city engineer, commissioner of public works, superintendent of streets, harbor engineer, flood control engineer, the engineer of any board or commission of the state, the engineer of any board or commission of any city, and the engineer of any reclamation, irrigation, or other district or political subdivision or agency of the state. See California Government Code 4001
• 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.
• Entity: means and includes counties, cities and counties, cities, sanitary districts, county sanitation districts, county service areas, sewer maintenance districts, and other public corporations and districts authorized to acquire, construct, maintain and operate sanitary sewers and sewerage systems. See California Health and Safety Code 5470
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosive in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, pipe plowing and driving, or any other way. See California Government Code 4200
• Facility financing contract: means a contract entered into by a public agency with any person whereby the person provides financing for an energy conservation facility in exchange for repayment of the financing and all costs and expenses related thereto by the public agency. See California Government Code 4217.11
• Facility ground lease: means a lease of all, or any portion of, land or a public building owned by, or under lease to, a public agency to a person in conjunction with an energy service contract or a facility financing contract. See California Government Code 4217.11
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Garbage: as used in this part , shall include all of the following: (a) animal, fruit and vegetable refuse. See California Health and Safety Code 6406
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing board: means the governing board of the school district which owns the schoolsite. See California Education Code 17487
• Governing body: as used in this chapter , means the governing body of the district. See California Health and Safety Code 4952
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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.
• 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.
• license: means 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 Business and Professions Code 23.7
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local agency: means any city, county, special district, or other public entity in the state. See California Government Code 3610
• Local agency: means any city, county, city and county, special district, school district, or other political subdivision of the state. See California Government Code 4200
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• Nuisance: means anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during, or as a result of, the treatment or disposal of wastes. See California Health and Safety Code 5410
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means , but is not limited to, any individual, company, corporation, partnership, limited liability company, public agency, association, proprietorship, trust, joint venture, or other entity or group of entities. See California Government Code 4217.11
• Person: as used in this chapter means any individual, corporation, association, or any other entity organized for the purpose of conducting business. See California Government Code 4476
• Person: as used in this article also includes any city, county, district, the state or any department or agency thereof. See California Health and Safety Code 5410
• person: includes any individual, partnership, firm, association, or corporation. See California Business and Professions Code 17506
• Personal property: All property that is not real property.
• Plan: means a community revitalization and investment plan and shall be deemed to be the plan described in §. See California Government Code 62000
• Plan area: means territory included within a community revitalization and investment area. See California Government Code 62000
• 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.
• Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects: (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. See California Health and Safety Code 5410
• Poverty: means the poverty level, as defined by the United States Department of Commerce, Bureau of the Census in the Federal Register, Volume 43, Number 87, for Thursday, May 4, 1978, at pages 19260-19269, and as periodically updated. See California Government Code 4532
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means the state, a county, city and county, city, district, community college district, school district, joint powers authority or other entity designated or created by a political subdivision relating to energy development projects, and any other political subdivision or public corporation in the state. See California Government Code 4217.11
• Public building: includes any structure, building, facility, or work which a public agency is authorized to construct or use, and automobile parking lots, landscaping, and other facilities, including furnishings and equipment, incidental to the use of any structure, building, facility, or work, and also includes the site thereof, and any easements, rights-of-way appurtenant thereto, or necessary for its full use. See California Government Code 4217.11
• Public purchase: means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of §. See California Government Code 4550
• Public purchasing body: means the state or the subdivision or agency making a public purchase. See California Government Code 4550
• public work: means the construction of any bridge, road, street, highway, ditch, canal, dam, tunnel, excavation, building or structure within the State by day's labor or force account. See California Government Code 4002
• Rates: as used in this chapter , includes rates and charges. See California Health and Safety Code 4955
• Regional board: means any California regional water quality control board created pursuant to §. See California Health and Safety Code 5410
• Regional board: means any California regional water quality control board created pursuant to §. See California Health and Safety Code 5410
• 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.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revitalization project: means a physical improvement to real property funded by the authority. See California Government Code 62000
• schoolsite: means a parcel of land, or two or more contiguous parcels, which is owned by a school district. See California Education Code 17487
• Secretary: as used in this part , means the secretary of a district. See California Health and Safety Code 6402
• Sewers: as used in this chapter includes lateral and collecting sewers, septic tanks and all other means of handling, gathering and disposing of sewage in the district. See California Health and Safety Code 4866
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• State agency: as used in this chapter , means any state agency defined in Section 11000, which is authorized to enter into contracts and shall include, but not be limited to, the Department of Public Works, the Department of Water Resources, the Department of General Services, the Trustees of the California State University, and the Board of Regents of the University of California. See California Government Code 4475
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statute: A law passed by a legislature.
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Tax collector: as used in this part , means the tax collector of the county or counties in which a district is located. See California Health and Safety Code 6404
• Tax collector: means the officer who collects general taxes for the entity. See California Health and Safety Code 5470
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Treasurer: as used in this chapter , means the treasurer of the district. See California Health and Safety Code 4957
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature. See California Health and Safety Code 5410
• Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature. See California Health and Safety Code 5410
• Waters of the state: means any water, surface or underground, including saline waters, within the boundaries of the state. See California Health and Safety Code 5410
• will: includes codicil. See California Civil Code 14
• Works: as used in this chapter , includes any or all of the following facilities, including, but not limited to, necessary lands, rights-of-way, or other property:

  California Health and Safety Code 4950

• Worksite: means either of the following:

  California Government Code 4532

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