Article 1 Definitions
Article 2 General Provisions
Article 3 Purposes
Article 4 Articles of Incorporation
Article 5 Bylaws
Article 6 Directors and Management
Article 7 Powers
Article 8 Financial Provisions
Article 9 Members
Article 10 Marketing Contracts
Article 11 Reorganization of Corporations Organized Pursuant to Other Laws

Terms Used In California Codes > Food and Agricultural Code > Division 20 > Chapter 1

  • 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.
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • act: as used in this division , means the Improvement Bond Act of 1915. See California Penal Code 28405
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • affordable price: means , in the case of a purchaser, other than a lower income household, the price for residential property for which the purchaser's monthly payments will not exceed that portion of the purchasing household's adjusted income as determined in accordance with the regulations of the United States Department of Housing and Urban Development, issued pursuant to Section 235 of the National Housing Act. See California Government Code 54236
  • affordable rent: means , in the case of an occupant person or family, other than a person or family of low or moderate income, rent for residential property that is not more than 25 percent of the occupant household's gross monthly income, and in the case of an occupant person or family of low or moderate income, rent for residential property that is not more than the percentage of the adjusted income of the occupant person or family as permitted under regulations of the United States Department of Housing and Urban Development issued pursuant to Section 8 of the United States Housing Act of 1937, but not in excess of the market rental value for comparable property. See California Government Code 54236
  • 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
  • ammunition vendor: means any person, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385. See California Revenue and Taxation Code 41133.2
  • Anadromous fish: means fish which spawn in fresh water and spend a portion of their lives in the ocean. See California Government Code 51914
  • Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Government Code 51915
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: includes an indigent person appearing pro se to represent himself or herself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030. See California Government Code 9109
  • applicator: refers to "structural pest control applicator. See California Government Code 9148.4
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Government Code 51917
  • area median income: means median household income, adjusted for family size as determined in accordance with the regulations of the United States Department of Housing and Urban Development issued pursuant to Section 235 of the National Housing Act, as amended (Public Law 90-448), for the standard metropolitan statistical area (SMSA), in which surplus residential property to be disposed of pursuant to this article is located, or the county in which the property is located, if it is outside an SMSA. See California Government Code 54236
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assistance: means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to this division by the department or agency, and mortgage and construction financing provided by a public agency. See California Government Code 54343
  • Bag limit: means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. See California Government Code 51918
  • 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.
  • Bequest: Property gifted by will.
  • bill or resolution: includes a constitutional amendment. See California Government Code 9051.5
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Board: means the legislative body of the local agency. See California Government Code 53800
  • Board: as used in this chapter , means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. See California Government Code 52051
  • board of directors: means the Board of Directors of the California Exposition and State Fair. See California Government Code 19605
  • Bonds: means bonds, notes, bond anticipation notes, and any other evidence of indebtedness, and also includes certificates of participation or lease-purchase agreements. See California Government Code 9117
  • Broker: means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee. See California Government Code 53859.01
  • Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Government Code 53859.01
  • Case: means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition. See California Government Code 9109
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certified shorthand reporter: means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017. See California Government Code 9109
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief: refers to the chief of the bureau. See California Government Code 53859.01
  • Cigarette: means a cigarette as defined in Section 30003 of the Revenue and Taxation Code, but does not include a little cigar. See California Government Code 54238.5
  • Cigarette lighter: includes a device, such as a watch, that may be used to light cigarettes, cigars, and pipes even though it is primarily used for other purposes. See California Government Code 54238
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Commission: means the Public Utilities Commission. See California Government Code 54250
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • commission: means the California Transportation Commission. See California Education Code 7054.1
  • Commission: means the Historic State Capitol Commission created by Section 9149. See California Government Code 9149.1
  • committee: means a committee of either the Senate or Assembly, a joint committee of both houses, or, when any of the foregoing committees is authorized to create subcommittees, a subcommittee. See California Government Code 31873.1
  • committee: includes a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body. See California Government Code 9027
  • complaint: means a valid complaint as specified in subdivision (b). See California Government Code 8944
  • 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.
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, and equipping of any public building. See California Government Code 53800
  • Construction: includes :

    California Education Code 8091

  • Corporation: includes a corporation, a company, an association, and a joint stock association. See California Government Code 53859.01
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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 7005
  • County: includes city and county. See California Government Code 51925
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Department: means the Department of Human Resources. See California Government Code 19815
  • Department: means the California Department of Tax and Fee Administration. See California Government Code 54238.5
  • Department: as used in this division , means the State Department of Alcohol and Drug Programs. See California Government Code 53840
  • Department: refers to the Department of Consumer Affairs. See California Government Code 53859.01
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • Department: means the Department of Housing and Community Development. See California Government Code 54310
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • Director: refers to the Director of Consumer Affairs. See California Government Code 53859.01
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • director: means the Director of the Office of Administrative Hearings. See California Government Code 53852
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 20963
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Government Code 31831.2
  • disaster: means a war or enemy-caused calamity within this State, such as an attack by nuclear weapons. See California Government Code 9035
  • displacement: includes , but is not limited to, persons who will have to move from surplus residential property that they occupy when it is sold by a state agency because they are unable to afford to pay the price that the state agency is asking for the residential property. See California Government Code 54236
  • Distributor: means a distributor as defined in Section 30011 of the Revenue and Taxation Code. See California Government Code 54238.5
  • 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 Government Code 53720
  • District: means fish and game district. See California Government Code 51929.5
  • Division: means the Division of Labor Relations. See California Government Code 19815
  • Docket: A log containing brief entries of court proceedings.
  • domestic violence: means abuse perpetrated against any of the following persons:

    California Revenue and Taxation Code 41172.5

  • Donor: The person who makes a gift.
  • Dwelling: means all housing whether owned or rented. See California Government Code 54343
  • Earthquake hazard mitigation technologies: includes , but is not limited to, seismic isolation, energy dissipation, ductility, damping systems, and other technologies which endeavor to reasonably protect buildings and nonstructural components, building contents, and functional capability from earthquake damage. See California Government Code 54245
  • Elderly or handicapped household: means , two or more persons who live together as a household, without regard to any specific relationship, and at least one of whom is an elderly or handicapped person or an elderly and handicapped person. See California Government Code 54343
  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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
  • Executrix: The female counterpart of an executor. See also
  • fair market value: shall mean fair market value as of the date the offer of sale is made by the selling agency pursuant to the provisions of this article and shall reflect the existing "as is" condition of the property, taking into account any repairs required to make the property safe and habitable. See California Government Code 54236
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fee-generating case: means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. See California Government Code 9109
  • field representative: refers to "structural pest control field representative. See California Government Code 9148.2
  • firearm: includes the frame or receiver of the weapon:

    California Revenue and Taxation Code 41176

  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fish passage guidelines: means those guidelines specified in the department's California Salmonid Stream Habitat Restoration Manual and the National Marine Fisheries Service, Southwest Region, Guidelines for Salmonid Passage at Stream Crossings, and subsequent amendments or updates to either document. See California Government Code 9200
  • Fishery: means both of the following:

    California Government Code 52008

  • Floor leaders: The Majority Leader and Minority Leader are elected by their respective party conferences to serve as the chief Senate spokesmen for their parties and to manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the floor leaders priority in obtaining recognition to speak on the floor of the Senate.
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Education Code 7057
  • Freeway service patrol: means a program managed by the Department of the California Highway Patrol, the department, and a regional or local entity which provides emergency roadside assistance on a freeway in an urban area. See California Government Code 43763
  • Fund: means the Tobacco Settlement Fund. See California Government Code 53856.1
  • Fund: means the Household Movers Fund established pursuant to Section 19229. See California Government Code 53859.01
  • garbage: means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. See California Government Code 54667
  • general deer hunting season: means the annual season for the area in question as is set by the commission under its general regulatory powers, or set by statute, for the taking of male deer. See California Government Code 52107
  • Geologist: as used in this chapter , refers to a person engaged in the practice of geology. See California Government Code 52054
  • Geology: as used in this chapter , refers to that science which treats of the earth in general. See California Government Code 52052
  • Geophysicist: as used in this chapter , refers to a person engaged in the practice of geophysics. See California Government Code 52055
  • Geophysics: as used in this chapter , refers to that science which involves study of the physical earth by means of measuring its natural and induced fields of force, including, but not limited to, electric, gravity, and magnetic, and its responses to natural and induced energy and the interpreting of these measurements and the relating of them to the physics of the earth. See California Government Code 52053
  • Good faith: means participation by a party in the neutral evaluation process with the intent to negotiate toward a resolution of the issues that are the subject of the neutral evaluation process, including the timely provision of complete and accurate information to provide the relevant parties through the neutral evaluation process with sufficient information, in a confidential manner, to negotiate the readjustment of the municipality's debt. See California Government Code 53760.1
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant anticipation note: means a note issued upon the security of specified accounts receivable from state or federal governments, including, without limitation, grants, loans, or a combination of both, for which funds have been appropriated and committed to a local agency. See California Government Code 53859
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • guide: means any person who is engaged in the business of packing or guiding, or who, for a fee, assists another person in taking or attempting to take any bird, mammal, fish, amphibian, or reptile. See California Government Code 9361
  • Habitat restoration or enhancement project: means a project with the primary purpose of improving fish and wildlife habitat. See California Government Code 9200
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Revenue and Taxation Code 43152.10
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Historic State Capitol: means the building housing the state legislative offices and chambers, situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento, including the portions of the State Capitol Building Annex that contain historic fabric, and Capitol Park, provided that Capitol Park shall be included in the historic State Capitol for purposes of this article only upon the adoption by the Joint Rules Committee of a master plan regarding Capitol Park. See California Government Code 9149.1
  • Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Government Code 53859.01
  • 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.
  • Indigent person: means any of the following:

    California Government Code 9109

  • individual: includes every natural person, domestic or foreign private corporation, nonprofit corporation, unincorporated association, company, partnership of whatever kind, syndicate, joint stock company, trustee, protective committee, depositors' league, and other similar organization however described. See California Government Code 31876
  • insurance policy: as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in this state or one issued by a nonadmitted carrier whose activities in this state are controlled by the Surplus Line Association, which insures the policyholder against loss from legal liability for damages on property upon which work is being performed or has been completed, including third-party losses, as a result of an accident or occurrence due to participation in control, prevention, or repair activities that require a license under this chapter. See California Government Code 9359.9
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested party: means a trustee, a committee of creditors, an affected creditor, an indenture trustee, a pension fund, a bondholder, a union that, under its collective bargaining agreements, has standing to initiate contract or debt restructuring negotiations with the municipality, or a representative selected by an association of retired employees of the public entity who receive income from the public entity convening the neutral evaluation. See California Government Code 53760.1
  • Investing agency: means the Public Employees' Retirement System, as defined by Section 20004. See California Government Code 53800
  • isomer: includes optical and geometrical (diastereomeric) isomers. See California Government Code 53723
  • 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.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Education Code 1012
  • Lease financing: means the financial undertaking authorized by this article under which the lessee shall lease the project from the lessor and the rental payments to be paid by the lessee, and any other authorized or appropriated funds, shall be used to secure the repayment of the bonds and the proceeds of the bonds shall be applied to pay the costs of the project and related costs as authorized by this article. See California Government Code 9117
  • Legacy: A gift of property made by will.
  • legislative body: shall include the governing body of any district or other public corporation authorized by law to construct such public improvements. See California Government Code 19632
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 16367.71
  • Legislative records: means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the public's business prepared, owned, used, or retained by the Legislature. See California Government Code 9072
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Legislature: includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature. See California Government Code 9072
  • Lessee: means the Legislature, acting through its authorized representative as provided for in this article. See California Government Code 9117
  • Lessor: means the State Public Works Board acting pursuant to the State Building Construction Act of 1955, Part 10b (commencing with Section 15800) of Division 3 of Title 2, a joint exercise of powers agency established between the lessee and any qualifying entity of government and acting pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any other person, corporation, partnership, or other entity serving as the lessor under the lease financing. See California Government Code 9117
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Government Code 54423
  • 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
  • Loan: includes , but is not limited to, a borrowing by a local agency represented or to be represented by bonds of a local agency. See California Government Code 53859
  • local agency: means a city, county, or district empowered to levy and collect assessments or taxes. See California Government Code 53730.5
  • local agency: means city, county, or district empowered to levy or assess taxes. See California Government Code 53740
  • Local agency: means any county, city, or city and county. See California Government Code 53800
  • local agency: means county, city, regional park district, school district, community college district, or any other municipal or public corporation or district. See California Government Code 53820
  • local agency: means a county, city and county, city, school district of any type, community college district, county board of education, or any other municipal or public corporation or district. See California Government Code 53850
  • local agency: means county, city and county, city, school district, community college district, or any other municipal or public corporation or district. See California Government Code 53859
  • local agency: means city, county, municipality, or political subdivision. See California Government Code 53861
  • local agency: means any city, county, any district, and any community redevelopment agency required to furnish financial reports pursuant to Section 12463. See California Government Code 53890
  • Local agency: means any city, county, city and county, special district, or county service area. See California Government Code 54250
  • Local agency: means city, county, or subdivision of the State. See California Government Code 54030
  • local agency: means city, county, or district agricultural association. See California Government Code 54060
  • local agency: means every city, county, city and county, district, or any other local governmental body or corporation empowered to expend public funds for the acquisition of property. See California Government Code 54201
  • local agency: means every city, whether organized under general law or by charter, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property. See California Government Code 54221
  • Local agency: means any county, city, city and county, public district, public entity or authority or other public or municipal corporation other than the federal government or any federal department or agency, this state, an adjoining state, any state department or agency or any school district in the state. See California Government Code 54240
  • local agency: means any city, county, city and county, district, or other subdivision of the state, or any independent instrumentality thereof. See California Government Code 19810
  • local government: means any county, city, city and county, including a chartered city or county, or any public or municipal corporation. See California Government Code 53720
  • Local public entity: means any county, city, district, public authority, public agency, or other entity, without limitation, that is a municipality as defined in Section 101(40) of Title 11 of the United States Code (bankruptcy), or that qualifies as a debtor under any other federal bankruptcy law applicable to local public entities, and also includes a successor agency to a redevelopment agency created pursuant to Part 1. See California Government Code 53760.1
  • Long-term health care facility: means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:

    California Government Code 54423

  • magistrate: signifies any one of the officers mentioned in Section 808. See California Education Code 1012
  • maintenance: includes any of the following:

    California Education Code 8070

  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Education Code 1012
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Manufacturer: means any of the following:

    California Government Code 54238.5

  • Marine finfish aquaculture: means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state. See California Government Code 51935
  • Master Settlement Agreement: means the settlement agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See California Government Code 53856.1
  • meeting: means a gathering of a quorum of the members of a house or committee in one place for the purpose of discussing legislative or other official matters within the jurisdiction of the house or committee. See California Government Code 9027
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Government Code 51936
  • Mobilehome Residency Law: means the Mobilehome Residency Law (Chapter 2. See California Government Code 54310
  • month: means a calendar month, unless otherwise expressed. See California Education Code 1012
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby. See California Government Code 53859.01
  • native plant: means a plant growing in a wild uncultivated state which is normally found native to the plantlife of this state. See California Government Code 9144
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • Neutral evaluation: is a form of alternative dispute resolution that may be known as mandatory mediation. See California Government Code 53760.1
  • nonresident: means a person who is not a resident of this State at the time he or she engages in business in the State as described in Section 19215. See California Government Code 53858
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
  • Oath: includes affirmation. See California Education Code 17324
  • Oath: includes affirmation. See California Education Code 19423
  • offer: means to solicit proposals prior to sale in a manner calculated to achieve a sale under the conditions specified, and to hold the offer open for a reasonable period of time, which shall be no more than one year, unless the time is extended by the selling agency at its discretion, for a period to be specified by the selling agency. See California Government Code 54236
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Government Code 51939.2
  • open-space purposes: means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. See California Government Code 54221
  • operator: refers to "structural pest control operator. See California Government Code 9147.7
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Government Code 52030
  • parcel: includes lot. See California Government Code 19607
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • Peer review: is a review conducted by a multidisciplinary group of experienced technical professionals, including, but not limited to, architects and structural and geotechnical engineers who have recognized expertise in the design and performance of earthquake hazard mitigation technologies, who are independent of the subject of the review, and who are peers with the same professional registration as that of the design professionals responsible for the subject of the review. See California Government Code 54245
  • 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, a firm, or a copartnership. See California Government Code 53859.01
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Education Code 7052
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 9072
  • persons and families of low or moderate income: means persons and families who meet both of the following conditions:

    California Government Code 54236

  • pest control: as used in this chapter are synonymous. See California Government Code 9128
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Possession limit: means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. See California Government Code 51919
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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.
  • Privatization project: as used in this article , includes the Santa Ana Watershed Project Authority's Arlington Basin Groundwater Desalter Project, which will treat groundwater contaminated by wastewater. See California Government Code 54250
  • Privatizer: means any corporation, partnership, or natural person, excluding municipal corporations, which owns and operates a wastewater or sewerage project pursuant to a franchise, license, or service agreement with a local agency. See California Government Code 54250
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • 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
  • Program: means the Mobilehome Residency Law Protection Program established pursuant to this part. See California Government Code 54310
  • Project: includes , but is not limited to, financing, designing, constructing, repairing, replacing, maintaining, and operating collector systems, pumping stations, treatment plants, and lateral interceptors, and outfall sewers. See California Government Code 54250
  • Project: means the property and the buildings on the property bounded by 10th, 11th, N, and O Streets in the City of Sacramento, consisting of two connecting buildings located at 1020 N Street and 1021 O Street in the City of Sacramento, and the remodeling and rehabilitation of these buildings or destruction and removal of these buildings and the construction of new buildings on this property for use as legislative office facilities, and includes all aspects of the project from initial planning to completion and occupancy by the Legislature. See California Government Code 9117
  • Project proponent: means a person, public agency, or nonprofit organization seeking to implement a habitat restoration or enhancement project. See California Government Code 9200
  • property: includes property real and personal. See California Education Code 17413
  • property: includes both real and personal property. See California Education Code 1012
  • Property: means real or personal property, easement, license, or other right in property. See California Government Code 54030
  • Public agency: includes a federal agency if the requirements of this part would not conflict with, or be preempted by, the requirements of federal law. See California Government Code 54343
  • Public agency: means any state agency, any county, city and county, city, regional agency, public district, redevelopment agency, or any other political subdivision. See California Government Code 54245
  • public beach: means any beach area used for recreational purposes which is owned, operated or controlled by the State, any state agency or any local agency. See California Government Code 54090
  • Public building: includes any structure, building, facility, or work which a local agency is authorized to construct and automobile parking lots, landscaping, and other facilities, including equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights-of-way appurtenant thereto or necessary for its full use. See California Government Code 53800
  • Public highway: includes every public street, road, or highway in this state. See California Government Code 53859.01
  • Public leaseback: means any lease, sublease, contract or other agreement involving land or buildings, structures, or other facilities which are permanently attached to land, where the agreement is made directly or indirectly between the local agency and a public leaseback corporation, if the proceeds of the agreement provided by the local agency will be used in whole or in part by such public leaseback corporation for payment of principal of or interest on its bonds, notes or other evidences of indebtedness. See California Government Code 54240
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See California Government Code 54238.5
  • Recess: A temporary interruption of the legislative business.
  • 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.
  • Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See California Government Code 54238.5
  • 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.
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • responsible adult: means a person at least 21 years of age who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. See California Revenue and Taxation Code 43432
  • Retailer: means a person who engages in the sale of cigarettes, but not for the purpose of resale. See California Government Code 54238.5
  • season: means "open season. See California Government Code 51939.2
  • secure facility: means that the facility satisfies all of the following:

    California Penal Code 29141

  • security: includes all of the things enumerated in Section 25019 and also includes shares, stock, and investment certificates as defined in the Savings Association Law. See California Government Code 31875
  • sell: means any transfer, exchange, or barter, in any manner or by any means whatever, or any agreement for these purposes. See California Government Code 54238.5
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • single-family residence: means a real property improvement used, or intended to be used, as a dwelling unit for one family. See California Government Code 54236
  • Special design: means a design of a cigarette lighter that results in the cigarette lighter being significantly difficult for children under five years of age to operate. See California Government Code 54238
  • special district: means any agency of the state for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 53835
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 7003
  • 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: 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 Government Code 51950
  • 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 highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Education Code 7058
  • state park lands: means any lands subject to the control of the Department of Parks and Recreation. See California Government Code 54355
  • stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Government Code 52032
  • Story: means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. See California Government Code 54347
  • Structural pest control field representative: is a ny individual who is licensed by the board to secure structural pest control work, identify infestations or infections, make inspections, apply pesticides, submit bids for or otherwise contract, on behalf of a registered company. See California Government Code 9148.2
  • 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 Government Code 51944
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • surplus land: means land owned by any local agency, that is determined to be no longer necessary for the agency's use, except property being held by the agency for the purpose of exchange. See California Government Code 54221
  • surplus residential property: means land and structures owned by any agency of the state that is determined to be no longer necessary for the agency's use, and that is developed as single-family or multifamily housing, except property being held by the agency for the purpose of exchange. See California Government Code 54236
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • taker-up: means any person that takes up an estray animal pursuant to Section 17041. See California Government Code 54409
  • Testify: Answer questions in court.
  • Transport: includes offer or receive for transportation. See California Government Code 51952
  • Treasurer: means the Treasurer of the State of California. See California Government Code 9117
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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.
  • Vexatious litigant: means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure. See California Government Code 9109
  • Wholesaler: means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. See California Government Code 54238.5
  • Wild rodents: as used in this chapter means wild ground squirrels, chipmunks, rats, mice or any other members of the order Rodentia native to California except muskrats and beavers. See California Government Code 9375
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Education Code 1012
  • Writing: means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. See California Government Code 9072