Chapter 1 State Agencies
Chapter 2 State Departments
Chapter 3 Interagency Services and Transactions
Chapter 3.5 Administrative Regulations and Rulemaking
Chapter 4 Office of Administrative Hearings
Chapter 4.5 Administrative Adjudication: General Provisions
Chapter 5 Administrative Adjudication: Formal Hearing
Chapter 5.5 Technology
Chapter 5.6 Department of Technology
Chapter 5.7 Office of Information Security and Office of Privacy Protection
Chapter 6 Statutory Salary Equalization Plan
Chapter 7.2 Information Technology Innovation Grants Program
Chapter 7.5 State Data Centers
Chapter 8 The Performance and Results Act of 1993
Chapter 8.1 State Government Strategic Planning and Performance Review Act
Chapter 9 Health Care Audits
Chapter 10 The Financial Information System for California (FISCal)
Chapter 11 Voter Information Internet Web Site

Terms Used In California Codes > Government Code > Title 2 > Division 3 > Part 1

  • Abbreviated contract of admission: means a contract which meets the provisions of this chapter, except as otherwise provided, for a resident who is receiving respite care services, as defined in Section 1418. See California Government Code 55305
  • 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.
  • Accessible: means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. See California Government Code 19061
  • action taken: means a collective decision made by the members of a state body, a collective commitment or promise by the members of the state body to make a positive or negative decision or an actual vote by the members of a state body when sitting as a body or entity upon a motion, proposal, resolution, order or similar action. See California Government Code 11122
  • Actual benefit: means the amount, if any, realized by the lender upon the disposition of property acquired through foreclosure or its equivalent as a direct result of a removal or remedial action undertaken by another person, not to exceed the amount, if any, by which the disposition proceeds exceed the sum of the balance of all of the following:

    California Government Code 11534

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administering agency: means the agency designated by the committee pursuant to Section 25262. See California Government Code 11349.4
  • administrative costs: means the amounts expended by the Legislature, the Legislative Counsel Bureau, the Governor's Office, the Department of Technology, the Office of Planning and Research, the Department of Justice, the State Controller's Office, the State Treasurer's Office, the State Personnel Board, the Department of Finance, the Department of Financial Information System for California, the Office of Administrative Law, the Department of Human Resources, the Secretary of California Health and Human Services, the California State Auditor's Office, the Department of General Services, and the California State Library, and a proration of any other cost to or expense of the state for services or facilities provided for the Legislature and the above agencies, for supervision or administration of the state government or for services to other state agencies. See California Government Code 11270
  • Advisory team: means the team convened by the committee pursuant to Section 25263. See California Government Code 11349.4
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person. See California Government Code 11004
  • Agency: means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site. See California Government Code 11349.4
  • Agency: means the Environmental Affairs Agency. See California Government Code 11440.20
  • Agent: as used in this chapter , means a person acting in accordance with Title 9 (commencing with Section 2295) of Part 4 of Division 3 of the Civil Code for purposes of managing, operating, leasing, or performing a similar function with respect to a building subject to this chapter. See California Government Code 11251
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person who has applied for, or is about to apply for, a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer's or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. See California Government Code 11004
  • Appraisal: A determination of property value.
  • Asbestos: as used in this chapter , has the same meaning as defined in Section 6501. See California Government Code 11191
  • Asbestos-containing construction material: as used in this chapter , means any manufactured construction material, including structural, mechanical and building material, which contains more than one-tenth of 1 percent asbestos by weight. See California Government Code 11200
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Education Code 19460.5
  • assignment order: means an order made under Section 3761. See California Government Code 11346.36
  • 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
  • Assisted reproduction: means conception by any means other than sexual intercourse. See California Harbors and Navigation Code 6944
  • Assisted reproduction agreement: means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. See California Harbors and Navigation Code 6944
  • Award year: means one academic year, or the equivalent, of attendance at a qualifying institution. See California Education Code 70032
  • Awarding department: means any agency, department, constitutional officer, governmental entity, or other officer or entity of the state empowered by law to issue bonds on behalf of the State of California. See California Government Code 16851
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • ballot: means any of the following:

    California Education Code 88078

  • 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.
  • board: as used in this chapter means the Medical Board of California. See California Education Code 68071
  • Board: means the Voting Modernization Board, established pursuant to Section 19256. See California Government Code 19050.4
  • Bond: means a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Government Code 19050.4
  • Bonds: means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by or on behalf of the State of California. See California Government Code 16851
  • Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
  • Building: as used in this chapter , means all or part of any "public and commercial building" as defined in Section 2642 of Title 15 of the United States Code, as that section reads on January 1, 1989, except that "building" shall not mean residential dwellings. See California Government Code 11200.1
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Government Code 51921
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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: means the head of the entity within the department that is responsible for fulfilling the obligations imposed upon the department by this chapter. See California Government Code 11004
  • Chief: means the Chief of the Office of Information Security. See California Government Code 11549.1
  • Child for whom support may be ordered: means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910. See California Government Code 50964
  • Child support obligee: as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the local child support agency designated by the court to receive the payment. See California Government Code 11465.60
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Education Code 88087
  • coin dealer: means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals. See California Government Code 11184
  • Commercial grade ingots: means 0. See California Government Code 11186
  • commercial user: means any person who deals in or engages in the business of selling bunk beds or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds. See California Government Code 11342.610
  • Commission: means the Student Aid Commission. See California Education Code 70032
  • Commission: means the California Gambling Control Commission. See California Government Code 11004
  • commission: means the California Transportation Commission. See California Education Code 7054.1
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • Committee: means the Voting Modernization Finance Committee, established pursuant to Section 19253. See California Government Code 19050.4
  • Committee: means the Site Designation Committee created by Section 25261. See California Government Code 11349.4
  • 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.
  • Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
  • Conservation actions on private lands: means projects with willing landowners that involve the adaptive flexible management or protection of natural resources in response to changing conditions and threats to habitat and wildlife. See California Government Code 18903
  • Construction: includes :

    California Education Code 8091

  • Consumer: means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale. See California Government Code 11137
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: includes any contract, agreement, or joint agreement to provide professional bond services to the State of California or an awarding department. See California Government Code 16851
  • Contract of admission: includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term health care facility, as defined in Section 1326. See California Government Code 55305
  • Contractor: means any provider of professional bond services who enters into a contract with an awarding department. See California Government Code 16851
  • Controlled gambling: means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. See California Government Code 11004
  • Controlled game: means any controlled game, as defined by subdivision (e) of Section 337j of the Penal Code. See California Government Code 11004
  • County: includes "city and county. See California Education Code 17389
  • County: includes city and county. See California Government Code 50967
  • County: includes "city and county. See California Education Code 7005
  • county: means a county in which a county firewarden has been appointed. See California Government Code 55601
  • County: includes city and county. See California Education Code 24937
  • county highway: means any highway which is:

    California Education Code 8006

  • Damages: includes compensatory damages, exemplary damages, punitive damages, and costs of every kind and nature, including, but not limited to, costs of a removal or remedial action. See California Government Code 11534
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • decision: when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under Section 22 of Article XX of the California Constitution, and does not include any emergency decision for temporary, interim relief issued pursuant to the authority conferred to the department pursuant to Section 11460. See California Government Code 11342.560
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Justice. See California Government Code 11004
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • Department: means the State Department of Health Services or its designee. See California Government Code 55305
  • Department: means the Department of Parks and Recreation. See California Government Code 18903
  • department: means State Department of Health Services. See California Education Code 24943
  • Dependent: A person dependent for support upon another.
  • Deposit holder: as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. See California Government Code 11405.30
  • 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.
  • Direct recording electronic voting system: means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. See California Government Code 19061
  • Director: means any director of a corporation or any person performing similar functions with respect to any organization. See California Government Code 11004
  • Director: means the director of the department. See California Education Code 7054
  • Director: means the Director of the Office of Privacy Protection. See California Government Code 11549.8
  • Director: means "State Director of Health Services. See California Education Code 24944
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of Section 12926 of the Government Code. See California Education Code 88166
  • Disadvantaged community: means a community with a median household income less than 80 percent of the statewide average. See California Government Code 18903
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • district: means the Desert Healthcare District. See California Government Code 11554
  • Division of Licensing: shall be deemed to refer to the board. See California Education Code 68071
  • Donor: The person who makes a gift.
  • Dwelling: means all housing whether owned or rented. See California Government Code 54343
  • 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
  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Education Code 88098
  • Elections official: means any of the following:

    California Education Code 88100

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Education Code 88101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Employee: as used in this chapter , means every person who is required or directed by any employer, to engage in any employment, and who performs that employment other than on a casual or incidental basis in any building subject to this chapter, or any person contracting with an owner who is required or directed to perform services, other than on a casual or incidental basis, in any building subject to this chapter. See California Government Code 11200.4
  • Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Government Code 50969
  • Employer: includes the United States government and any public entity as defined in Section 811. See California Government Code 11346.36
  • encroachment: includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any county highway. See California Government Code 43005.7
  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Government Code 50970
  • Fiduciary: means a person who is acting in any of the following capacities:

    California Government Code 11534

  • Finance lease: means a transaction with respect to which both of the following apply:

    California Government Code 11534

  • Financial need: means a student's financial need calculated pursuant to the federal financial need methodology (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U. See California Education Code 70032
  • Finding of suitability: means a finding that a person meets the qualification criteria described in subdivisions (a) and (b) of Section 19857, and that the person would not be disqualified from holding a state gambling license on any of the grounds specified in Section 19859. See California Government Code 11004
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Foreclosure or its equivalent: means the acquisition of property by a lender through any of the following:

    California Government Code 11534

  • 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
  • franchise: means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which:

    California Government Code 11123.5

  • 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
  • Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Government Code 18903
  • Fund: means the Voting Modernization Fund, created pursuant to subdivision (b) of Section 19254. See California Government Code 19050.4
  • Gambling: means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. See California Government Code 11004
  • Gambling enterprise: means a natural person or an entity, whether individual, corporate, or otherwise, that conducts a gambling operation and that by virtue thereof is required to hold a state gambling license under this chapter. See California Government Code 11004
  • gambling game: means any controlled game. See California Government Code 11004
  • Gambling operation: means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain. See California Government Code 11004
  • 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
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Gross revenue: means the total of all compensation received for conducting any controlled game, and includes interest received in payment for credit extended by an owner licensee to a patron for purposes of gambling, except as provided by regulation. See California Government Code 11004
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hazardous material: means any of the following materials:

    California Government Code 11440.20

  • Health insurance coverage: as used in this article includes all of the following:

    California Government Code 11344.9

  • health insurance coverage assignment: includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. See California Government Code 11346.36
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • highway: includes all or any part of the entire width of right of way of a county highway, whether or not such entire area is actually used for highway purposes. See California Government Code 43005.7
  • Hours of operation: means the period during which a gambling establishment is open to conduct the play of controlled games within a 24-hour period. See California Government Code 11004
  • House: means the gambling enterprise, and any owner, shareholder, partner, key employee, or landlord thereof. See California Government Code 11004
  • 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.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • In-house counsel: means an attorney authorized to practice law in the State of California who is a state employee, including an excluded or exempt employee, other than an employee of the Office of the Attorney General. See California Government Code 11040
  • Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Government Code 50971
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indicia of ownership: means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including, but not limited to, any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalent. See California Government Code 11534
  • individual with a disability: means any individual who has a physical or mental disability as defined in Section 12926. See California Government Code 19231
  • Industrial hygiene: means the science and art devoted to the anticipation, recognition, evaluation, and control of environmental factors or stresses which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among the citizens of a community. See California Government Code 11130.7
  • Industrial hygiene certification organization: means a professional organization of certified industrial hygienists that has been established to improve the practice and educational standards of the profession of industrial hygiene through a certification process, by certifying industrial hygienists through an examination administered by the certification organization. See California Government Code 11130.7
  • informed consent: means the authorization given pursuant to Section 24175 to have a medical experiment performed after each of the following conditions have been satisfied:

    California Government Code 11893

  • Initial license: means the license first issued to a person authorizing that person to commence the activities authorized by that license. See California Government Code 11004
  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Education Code 88104.5
  • Institutional investor: means any retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees, any investment company registered under the Investment Company Act of 1940 (15 U. See California Government Code 11004
  • Instructional program: means a program of study that results in the award of a baccalaureate degree or undergraduate certificate, or undergraduate coursework in a program of study leading directly to a first professional degree for which no baccalaureate degree or undergraduate degree is awarded. See California Education Code 70032
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • junk: means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof. See California Government Code 11895
  • junk dealer: includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer. See California Government Code 11150
  • Junk dealer: has the meaning defined in Section 21601. See California Government Code 11274
  • junk yard: includes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept. See California Government Code 11151
  • Key employee: means any natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, managers or supervisors of security employees, or any other natural person designated as a key employee by the department for reasons consistent with the policies of this chapter. See California Government Code 11004
  • Key employee license: means a state license authorizing the holder to be employed as a key employee. See California Government Code 11004
  • language assistance: means oral interpretation or written translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty. See California Government Code 11435.05
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • legislative body: means the city council or board of trustees in the case of a city, the board of supervisors in the case of a county or a city and county, or the board of directors, trustees, or governors or other governing body in the case of a special district or any other municipal or public corporation or district. See California Government Code 54706
  • legislative body: means the board of supervisors in the case of a county or city and county and the city council or board of trustees in the case of a city. See California Government Code 55701
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 16367.71
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lender: includes either of the following persons:

    California Government Code 11534

  • License: means a gambling license, key employee license, or any other license issued by the commission pursuant to this chapter or regulations adopted pursuant to this chapter. See California Government Code 11004
  • License: means a basic permit to operate a pediatric day health and respite care facility. See California Government Code 11016.5
  • Licensed gambling establishment: means the gambling premises encompassed by a state gambling license. See California Government Code 11004
  • licensed premises: except as otherwise defined in Section 19812, means one or more rooms where any controlled gambling or activity directly related thereto occurs. See California Government Code 11004
  • licensee: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Education Code 70020
  • Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Government Code 54423
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partnership: means a partnership formed by two or more persons having as members one or more general partners and one or more limited partners. See California Government Code 11004
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means any cattle, sheep, swine, goat, or any horse, mule, or other equine, whether living or dead. See California Government Code 16649.90
  • Loan or obligation: means a loan, revolving or nonrevolving line of credit, finance lease, sale-leaseback that provides for a purchase option in favor of the lessee, installment sale contract, sale on account, or other credit sale, letter of credit, forbearance or guaranty, collateral pledge, or other suretyship obligation, and any extension, renewal, or modification thereof. See California Government Code 11534
  • local agency: means any city, county, city and county, special district, or any other municipal corporation or district. See California Government Code 54705
  • local agency: means municipal corporation or sanitary district. See California Government Code 55000
  • local agency: means county, city, and sanitary district. See California Government Code 55300
  • local agency: means a city, chartered city, or a fire protection district. See California Government Code 55600
  • local agency: means a neighboring city, county, fire protection district, joint powers authority that provides fire protection services, police protection district, federal government or any federal department or agency. See California Government Code 55631
  • local agency: means a county, city and county, and city, both chartered and general law. See California Government Code 55700
  • Local election: is a municipal, county, or district election. See California Education Code 88107
  • 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

  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • Meatpacker: means an establishment where livestock are either slaughtered, the carcasses thereof are prepared, or meat is processed and where state or federal inspection is maintained. See California Government Code 16649.90
  • mediation: means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. See California Education Code 70039
  • medical experiment: means :

    California Government Code 11894

  • Medically fragile: means having an acute or chronic health problem that requires therapeutic intervention and skilled nursing care during all or part of the day. See California Government Code 11016.5
  • meeting: includes any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body to which it pertains. See California Government Code 11122.5
  • Minority: means an ethnic person of color including American Indians, Asians (including, but not limited to, Chinese, Japanese, Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks, Filipinos, and Hispanics. See California Government Code 16851
  • mobile unit: means a special purpose commercial coach as defined in Section 18012. See California Government Code 11146.3
  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • National medical support notice: means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773. See California Government Code 11346.36
  • nonprofit organization: means an organization that has been qualified to conduct business in California for at least three years prior to conducting controlled games and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. See California Government Code 11011.19
  • 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 88115
  • Oath: A promise to tell the truth.
  • Office: means the Office of Information Security. See California Government Code 11549.1
  • Office: means the Office of Privacy Protection. See California Government Code 11549.8
  • Operator: as used in this article , means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet. See California Government Code 11292
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Outside counsel: means an attorney authorized to practice law in the State of California who is not a state employee, including an excluded or exempt employee. See California Government Code 11040
  • Owner: as used in this chapter , means an owner, lessee, sublessee, or agent of the owner of a building or part of a building, including, but not limited to, the state or another public entity. See California Government Code 11250
  • Owner licensee: means an owner of a gambling enterprise who holds a state gambling license. See California Government Code 11004
  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Education Code 88086
  • Parallel monitoring: means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. See California Government Code 19061
  • Parent and child relationship: as used in this part means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See California Harbors and Navigation Code 6939.16
  • Parent facility: means a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, or a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2. See California Government Code 11146.3
  • Participating institution: means any campus of the California State University or the University of California that elects to participate in the DREAM Program pursuant to the requirements specified for a qualifying institution as set forth in this article. See California Education Code 70032
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Education Code 88122
  • party-nominated office: means any of the following offices:

    California Education Code 88121

  • Pediatric day health and respite care facility: means a facility that provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology-dependent patients, except as provided in paragraph (2) and Section 1763. See California Government Code 11016.5
  • Person: includes , but is not limited to, any city, county, district, the state, or the federal government, or any department, subdivision, or agency thereof. See California Government Code 11534
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Government Code 50973
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Education Code 7052
  • Person: means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches. See California Government Code 11137
  • Person: as used in this article includes firm and corporation. See California Government Code 11872
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Petitioner: includes plaintiff, where appropriate. See California Government Code 50978
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Player: means a patron of a gambling establishment who participates in a controlled game. See California Government Code 11004
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • podiatric medicine: means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. See California Education Code 69624
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Education Code 88123
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Education Code 88124
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Education Code 88125
  • Precinct board member: is a member of the precinct board and includes an election officer. See California Education Code 88125
  • Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See California Government Code 11200.4
  • 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.
  • Primarily to protect a security interest: means that the indicia of ownership of a lender are held primarily for the purpose of securing payment or performance of an obligation. See California Government Code 11534
  • 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
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Professional bond services: include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter's counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds. See California Government Code 16851
  • Program: means an information security program established pursuant to Section 11549. See California Government Code 11549.1
  • Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See California Government Code 11200.4
  • property: includes any real or personal property in which the obligor has or had an ownership, leasehold, or possessory interest, whether or not it was the subject of a security interest for the loan or obligation. See California Government Code 11534
  • property: includes property real and personal. See California Education Code 17413
  • Property: includes real and personal property and any interest therein. See California Government Code 50975
  • Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Government Code 18903
  • 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 the State or any department or agency thereof, a county, city and county, city, public corporation, municipal corporation or public district. See California Government Code 31204
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly traded racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) whose stock is publicly traded. See California Government Code 11004
  • Qualified court investigator: as used in this article , has the meaning provided by Section 8543. See California Government Code 11156
  • Qualified racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) that is a wholly owned subsidiary of a corporation whose stock is publicly traded. See California Government Code 11004
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Government Code 50977

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rebuttable presumption: shall be deemed a presumption which affects the burden of producing evidence. See California Education Code 88132
  • 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
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. See California Government Code 11440.20
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedial action: includes , but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed. See California Government Code 11349.4
  • Removal: means the cleanup or removal of released hazardous materials from the environment or the taking of other actions that may be necessary to prevent, minimize, or mitigate damages that may otherwise result from a release or threatened release, as further defined in Section 101(23) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U. See California Government Code 11534
  • 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.
  • Respite care: means day and 24-hour relief for the parent or guardian and care for the patient. See California Government Code 11016.5
  • Respondent: includes defendant, where appropriate. See California Government Code 50979
  • Responsible party: means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons:

    California Government Code 11349.4

  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Government Code 18903
  • revenue: means revenue derived from the tax collected pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law provided for in Part 1. See California Government Code 55702
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Satisfactory academic progress: means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. See California Education Code 70032
  • scrap metals and alloys: includes , but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12. See California Government Code 11895
  • secondhand dealer: as used in this article , means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. See California Government Code 11184
  • Secondhand dealer: has the meaning defined in Section 21626. See California Government Code 11274
  • Secretary: means the Secretary of the Environmental Affairs Agency. See California Government Code 11440.20
  • Security interest: means an interest in a property created or established for the purpose of securing a loan or obligation. See California Government Code 11534
  • sell: means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce. See California Government Code 11342.610
  • service: includes the cost of maintaining any facility used to provide any service. See California Government Code 54708
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes either of the following:

    California Education Code 88166

  • site: means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. See California Government Code 11349.4
  • Site investigation: means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action. See California Government Code 11349.4
  • Spousal support: means support of the spouse of the obligor. See California Government Code 51071
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • spouse: includes a registered domestic partner, as required by Section 297. See California Education Code 17413
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 88168
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 51072
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Government Code 51073
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • state agencies: includes the Department of General Services and any and all organizational units, parts, and subdivisions of state agencies as defined in Section 11000. See California Government Code 11263
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • state body: means each of the following:

    California Government Code 11121

  • State department: means the State Department of Public Health. See California Government Code 11016.5
  • state gambling license: means any license issued by the state that authorizes the person named therein to conduct a gambling operation. See California Government Code 11004
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Education Code 19424
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Government Code 51075
  • support order: means a child, family, or spousal support order. See California Government Code 11342.590
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Government Code 51080
  • swap meet: as used in this article , includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. See California Government Code 11292
  • taker-up: means any person that takes up an estray animal pursuant to Section 17041. See California Government Code 54409
  • tangible personal property: means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. See California Government Code 11186
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title IV-D: means Title IV-D of the federal Social Security Act (42 U. See California Government Code 11465.40
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • 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.
  • Vendor: as used in this article , means any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any merchandise at a swap meet. See California Government Code 11292
  • visually impaired: means a person having central visual acuity not to exceed 20-200 in the better eye, with corrected lenses, or visual acuity greater than 20-200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends at an angle of not greater than 20 degrees. See California Government Code 19180
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • Voter verified paper audit trail: means a paper cast vote record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. See California Government Code 19061
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Education Code 88185
  • Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Education Code 88186
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Education Code 88190
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Education Code 88191
  • women business enterprise: include an enterprise of which 50 percent is owned and controlled by one or more minorities and the other 50 percent is owned and controlled by one or more women, or, in the case of a publicly owned business, 50 percent of the stock of which is owned and controlled by one or more minorities and the other 50 percent is owned and controlled by one or more women. See California Government Code 16851
  • Work permit: means any card, certificate, or permit issued by the commission, or by a county, city, or city and county, whether denominated as a work permit, registration card, or otherwise, authorizing the holder to be employed as a gambling enterprise employee or to serve as an independent agent. See California Government Code 11004
  • Writing: includes printing and typewriting. See California Education Code 17389