Part 1 LEGISLATURE
Part 2 AIDS TO THE LEGISLATURE

Terms Used In California Codes > Government Code > Title 2 > Division 2

  • 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.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • 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
  • 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
  • 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
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16002
  • Appraisal: A determination of property value.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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: means the State Allocation Board. See California Government Code 54125
  • Board: means the State Allocation Board. See California Education Code 16002
  • 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: as used in this article , means the Board of Administration of the Public Employees' Retirement System. See California Government Code 31882
  • 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
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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.
  • Changes: as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. See California Government Code 16143
  • 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
  • Child: means an individual who has not attained 18 years of age. See California Health and Safety Code 102415
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See California Health and Safety Code 102415
  • Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See California Health and Safety Code 102415
  • 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.
  • clerk: means the engrossing and enrolling clerk or the employee who performs the duties of engrossing and enrolling clerk when no employee is so designated by name. See California Government Code 31880
  • Commission: means the Public Utilities Commission. See California Government Code 54250
  • Commission: means the Historic State Capitol Commission created by Section 9149. See California Government Code 9149.1
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • 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: means the engrossing and enrolling committee of the house ordering the engrossing or enrolling of a bill or other document or the committee of such house which performs the duties of engrossing and enrolling committee when no committee is so designated by name. See California Government Code 31881
  • 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
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • 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

  • cooperative bargaining association: means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing with Section 54001) of this division, for the purpose of group bargaining between its producer members and the first handler or processor, with respect to the sale of any agricultural commodity except milk, cotton, or cottonseed. See California Government Code 16160
  • 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 1915
  • County: includes "city and county. See California Education Code 7005
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 19958
  • County: means a county and a city and county. See California Government Code 16265.2
  • County: includes city and county. See California Education Code 24937
  • County costs of eligible programs: means the amount of money other than federal and state funds, as reported by the State Department of Social Services to the Department of Finance or as derived from the Controller's "Annual Report of Financial Transactions Concerning Counties of California" that each county spends for each of the following:

    California Government Code 16265.2

  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See California Health and Safety Code 102415
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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 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 Housing and Community Development. See California Government Code 54310
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • department: means State Department of Health Services. See California Education Code 24943
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: refers to the Director of Consumer Affairs. See California Government Code 53859.01
  • director: means the Director of the Office of Administrative Hearings. See California Government Code 53852
  • Director: means "State Director of Health Services. See California Education Code 24944
  • 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
  • Disqualified person: means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering. See California Government Code 31891
  • 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
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 10291
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • 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.
  • 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 session: A portion of the Senate's daily session in which it considers executive business.
  • 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.
  • 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 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.
  • Foreign professional corporation: means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation. See California Government Code 31891
  • 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
  • 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
  • General purpose revenues: means revenues received by a county whose purpose is not restricted by state law to a particular purpose or program, as reported in the Controller's "Annual Report of Financial Transactions Concerning Counties of California. See California Government Code 16265.2
  • 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
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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 meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • 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
  • Legal material: means all of the following, whether or not in effect:

    California Government Code 10291

  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • Licensed person: means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, or intends to become, an officer, director, shareholder, or employee. See California Government Code 31891
  • Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Government Code 54423
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 any city, city and county, county, or public district. See California Government Code 54125
  • Local agency: means county, city, municipal corporation, or public district. See California Government Code 54141
  • 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 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

  • maintenance: includes any of the following:

    California Education Code 8070

  • 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
  • Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See California Health and Safety Code 102415
  • month: means a calendar month, unless otherwise expressed. See California Education Code 1012
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • mountainous lands: means all lands, irrespective of their angle of slope or other natural or manmade terrain features, within the territory of the conservancy that lie above the floor of the Coachella Valley, if there is no alluvial fan, or that lie above any alluvial fan extending onto the valley floor, as more specifically set forth in that certain map entitled "Coachella Valley Mountainous Lands Map" and dated ____ __, 1999, and placed on file with the Secretary of State, which map is hereby incorporated in this subdivision by this reference. See California Government Code 31646
  • 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
  • Native reptiles: as used in this chapter means snakes, lizards, turtles, or any other members of the class reptilia native to California. See California Government Code 9760
  • natural community conservation lands: means all lands within the territory of the conservancy, the preservation of which is necessary to implement a natural community conservation plan that has been approved by the Department of Fish and Game pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. See California Government Code 31646
  • 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
  • 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: includes affirmation. See California Education Code 17324
  • Oath: includes affirmation. See California Education Code 17493
  • 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
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • 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
  • 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
  • Pension board: as used in this article , means the board of retirement. See California Government Code 31884
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Health and Safety Code 103448
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government. See California Health and Safety Code 102415
  • 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 individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Education Code 19963
  • Person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 9072
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • 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
  • Petitioner: includes plaintiff, where appropriate. See California Government Code 50978
  • Physical custody: means the physical care and supervision of a child. See California Health and Safety Code 102415
  • 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.
  • Probate: Proving a will
  • Proceeding: includes an action. See California Government Code 50974
  • Professional corporation: means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401. See California Government Code 31891
  • Professional services: means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act. See California Government Code 31891
  • 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: means real or personal property, easement, license, or other right in property. See California Government Code 54030
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 agency: includes the federal government or any federal department or agency, this state, any other state or any state department or agency, a county, city, public corporation, or public district of this state or any other state. See California Government Code 31895
  • 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
  • Real property sales contract: as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. See California Government Code 53187
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Government Code 10291
  • 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
  • Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Health and Safety Code 103448
  • 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
  • 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).
  • 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.
  • Respondent: includes defendant, where appropriate. See California Government Code 50979
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means a person who engages in the sale of cigarettes, but not for the purpose of resale. See California Government Code 54238.5
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Government Code 53151
  • season: means "open season. See California Government Code 51939.2
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • 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
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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 19407
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • 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: includes any department or agency thereof. See California Government Code 54141
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Health and Safety Code 102415
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Government Code 10291
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • state board: whenever used in this code means the State Board of Education, unless the context requires otherwise. See California Education Code 88
  • State board: means the State Water Resources Control Board. See California Health and Safety Code 103448
  • 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 Education Code 19970
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 14002.05
  • Subject person: when used with respect to a licensee, means any of the following:

    California Government Code 31503

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • total benefits: means the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter plus any other monetary payments due to the same beneficiary from any public agency. See California Government Code 31895.5
  • 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
  • Tribe: means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state. See California Health and Safety Code 102415
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: includes any department, board, or agency thereof. See California Government Code 54141
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Education Code 14022.5
  • 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.
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Vexatious litigant: means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure. See California Government Code 9109
  • 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, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Health and Safety Code 103448
  • 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
  • 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