Part 1 FUNDS FOR SUBVENTIONS
Part 1.5 DISTRIBUTION OF FUNDS TO LOCAL AGENCIES
Part 2 STATE FUNDS
Part 3 STATE BONDS
Part 4 WARRANTS
Part 5 STATE OF CALIFORNIA NOTES
Part 6 WARRANTS AND CENTRALIZED TREASURY CHECKS
Part 7 STATE-MANDATED LOCAL COSTS
Part 8 VALIDATING PROCEEDINGS

Terms Used In California Codes > Government Code > Title 2 > Division 4

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). See California Government Code 16632
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advance fee: as used in this part , is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. See California Government Code 53184
  • Advanced transportation technologies: means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state's commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency. See California Revenue and Taxation Code 50113.2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means a division, department, bureau, commission, board, council, city, county, city and county, district, or other political subdivision of the state, but does not include a school district. See California Health and Safety Code 8012
  • agency shop: means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization. See California Health and Safety Code 6973
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Education Code 78031
  • Allegation: something that someone says happened.
  • Allocation: means a loan of funds by the commission pursuant to the procedures specified in this chapter. See California Government Code 16605
  • Alternative sources: means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840. See California Revenue and Taxation Code 50113.2
  • Amortization: Paying off a loan by regular installments.
  • Annex project related work: means all work closely related to the Capitol building annex project, including, but not limited to, any visitor's center or parking facility constructed pursuant to Section 9112 of the Government Code. See California Government Code 16202
  • 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.
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16002
  • Appraisal: A determination of property value.
  • Approved program: means a program for the education of physician assistants that has been formally approved by the board. See California Education Code 87706
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, foundation, or federation, or any other society, organization, or association, or degree, branch, subordinate lodge, or auxiliary thereof. See California Government Code 16726
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the California Consumer Power and Conservation Financing Authority established pursuant to Section 3320 and any board, commission, department, or officer succeeding to the functions thereof, or to whom the powers conferred upon the authority by this division shall be given by law. See California Government Code 20097
  • Authority: means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given. See California Revenue and Taxation Code 50113.2
  • award: as used in this chapter , may include, but is not limited to, contracts, grants, interagency agreements, loans, and other financial agreements designed to fund public interest research, demonstration, and development projects or programs. See California Government Code 17201
  • 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
  • ballot: means any of the following:

    California Education Code 88078

  • Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Education Code 88079
  • Ballot title and summary: means the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Education Code 88083
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Education Code 78031
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Bill of lading: means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. See California Education Code 78031
  • Board: means the Public Employment Relations Board. See California Health and Safety Code 7528
  • Board: means the Board of Directors of the California Consumer Power and Conservation Financing Authority. See California Government Code 20097
  • board: means a county transit development board created pursuant to Chapter 2 (commencing with Section 120050). See California Government Code 20127
  • board: means the board of directors of the district. See California Government Code 20170
  • Board: means the state board, department, or agency authorized by that act to request the committee to cause bonds to be issued for the purpose of creating a fund that is to be expended by the board for the purposes specified in that act. See California Government Code 16722
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Bureau of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Education Code 17352
  • Board: means the Board of Psychology. See California Education Code 85241
  • board: means the State Board of Optometry. See California Education Code 87417
  • Board: means the Physician Assistant Board. See California Education Code 87706
  • Board: means the Respiratory Care Board of California. See California Education Code 88066
  • Board: means the State Allocation Board. See California Education Code 17087
  • Board: means the State Allocation Board. See California Education Code 16002
  • Board: means the Pooled Money Investment Board. See California Government Code 16493
  • Board: means the Public Employment Relations Board established pursuant to Section 3541. See California Health and Safety Code 6969
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 16367.8
  • Bond: means a state general obligation bond issued pursuant to an act adopting the provisions of this chapter. See California Government Code 16722
  • Bond act: means the act authorizing the issuance of state general obligation bonds and adopting this chapter by reference. See California Government Code 16722
  • Bonds: means bonds, including structured, senior, and subordinated bonds or other securities. See California Government Code 20097
  • 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
  • Branch: includes a separately incorporated foreign branch of a bank. See California Education Code 78031
  • 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: means any existing or planned structure that includes a heating or cooling system, or both. See California Government Code 16605
  • Building: means any existing structure that includes a heating or cooling system, or both. See California Government Code 16632
  • Burial site: means , except for cemeteries and graveyards protected under existing state law, a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were intentionally deposited as a part of the death rites or ceremonies of a culture. See California Health and Safety Code 8012
  • Business: includes every trade, occupation, and profession. See California Government Code 16428.86
  • business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Government Code 53190
  • California Indian tribe: means any tribe located in California to which any of the following applies:

    California Health and Safety Code 8012

  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Capitol building annex project: means any work of construction of a state capitol building annex or restoration, rehabilitation, renovation, or reconstruction of the State Capitol Building Annex described in Section 9105 of the Government Code that is performed pursuant to Article 5. See California Government Code 16202
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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
  • Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

    California Education Code 88083

  • City: includes city and county. See California Education Code 17322
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • City: includes city and county. See California Education Code 19480
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 88001
  • Clerk: means the clerk of the supervising authority. See California Government Code 16495.5
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the Native American Heritage Commission, established pursuant to Section 5097. See California Health and Safety Code 8012
  • commission: means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). See California Government Code 20221
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
  • commission: means the California Transportation Commission. See California Education Code 7054.1
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • Committee: means the finance committee or other body created by that act and authorized to cause bonds to be issued by the adoption of a resolution or resolutions. See California Government Code 16722
  • Committee: means the Pooled Money Investment Board. See California Government Code 17220
  • committee: means a diversion evaluation committee. See California Education Code 87788
  • committee: means the chief administrative officer, auditor, and treasurer, or any other county employee appointed by the board of supervisors. See California Government Code 20222.5
  • 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.
  • compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • Compensation: means annual salary, stipend, or bonus, paid by a local agency employer to a local agency executive. See California Health and Safety Code 7525
  • Competent spoil: means soils that can be treated to bring their moisture content into the optimum range, and that can achieve the compaction required by the city or county in whose jurisdiction an excavation is located. See California Insurance Code 381.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Conservation services: means the electrical, thermal, or other energy savings resulting from conservation measures, which shall be treated as a supply of such energy. See California Insurance Code 383
  • Construction: includes :

    California Education Code 8091

  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Education Code 78031
  • 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
  • Contractor: means any provider of professional bond services who enters into a contract with an awarding department. See California Government Code 16851
  • Control: means having ownership of human remains and cultural items sufficient to lawfully permit a museum or agency to treat the object as part of its collection for purposes of this chapter, whether or not the human remains and cultural items are in the physical custody of the museum or agency. See California Health and Safety Code 8012
  • 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: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost-of-living: means the California Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations. See California Health and Safety Code 7525
  • 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 5091
  • County: includes "city and county. See California Education Code 7005
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19479
  • 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

  • county highway: means any highway which is:

    California Education Code 8006

  • Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Education Code 78031
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • deed of trust: as used in this part includes "mortgage. See California Government Code 53186
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defensible space: means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. See California Government Code 16480.2
  • Delegation of services agreement: means the writing that delegates to a physician assistant from a supervising physician the medical services the physician assistant is authorized to perform consistent with subdivision (a) of Section 1399. See California Education Code 87706
  • Demotion: means assignment to an inferior position or status without the employee's written voluntary consent. See California Education Code 88001
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Department: means the Department of General Services. See California Government Code 16632
  • department: means the Department of Transportation. See California Government Code 16724
  • Department: means the Department of Consumer Affairs. See California Education Code 88066
  • 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
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the Director of Forestry and Fire Protection. See California Government Code 16480.2
  • Director: means the director of the department. See California Education Code 7054
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16002
  • 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
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 88001
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • dissenting interest: means the interest of a member that satisfies all of the following conditions:

    California Education Code 87770

  • dissenting interest: means the interest of a limited partner that satisfies all of the following conditions:

    California Government Code 16366.8

  • dissenting limited partner: means the recordholder of a dissenting interest, and includes an assignee of record of such an interest. See California Government Code 16366.8
  • dissenting member: means the recordholder of a dissenting interest, and includes an assignee of record of that interest. See California Education Code 87770
  • dissenting shareholder: means the recordholder of dissenting shares and includes a transferee of record. See California Government Code 17296.5
  • dissenting shares: means shares to which all of the following apply:

    California Government Code 17296.5

  • Distressed area: means a census tract determined by the Department of Finance, pursuant to Section 13073. See California Insurance Code 350
  • Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See California Government Code 16428.86
  • district: means the North County Transit District. See California Government Code 20163
  • District: means a tax or assessment district. See California Government Code 16495.5
  • Docket: A log containing brief entries of court proceedings.
  • Document of title: includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. See California Education Code 78031
  • Domestic: means organized under the laws of this State, whether or not admitted. See California Education Code 32031
  • Donor: The person who makes a gift.
  • dwelling: means any of the following units which are owned by a signatory to the mortgage or deed of trust secured by the dwelling unit at the time of execution of the mortgage or deed of trust:

    California Education Code 16071

  • economic opportunity: means any of the following:

    California Government Code 16489

  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • 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: means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. See California Education Code 32222
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Education Code 17498
  • Electronic transmission by the partnership: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the partnership, (2) posting on an electronic message board or network that the partnership has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Government Code 16428.86
  • eligible bank: means a state or national bank located in this state, selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state, that has received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of the bank's record of meeting the credit needs of the state's communities, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. See California Government Code 16500
  • Eligible institution: means a school, hospital, public care institution, or a unit of local government. See California Government Code 16605
  • Eligible savings and loan association: means a state or federal savings association, as defined in Section 5102 of the Financial Code, located in this state, insured by the Federal Savings and Loan Insurance Corporation, and selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state. See California Government Code 16600
  • Employee: means a civil service employee of the State of California. See California Health and Safety Code 8026
  • Employee organization: means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state. See California Health and Safety Code 7528
  • Employee organization: means either of the following:

    California Health and Safety Code 6969

  • Energy conservation facility: means alternate energy equipment, cogeneration equipment, or conservation measures located in public buildings or on land owned by public agencies. See California Insurance Code 383
  • Energy conservation measure: means an installation or modification of an installation in a building that is primarily intended to reduce energy consumption or allow the use of a more cost-effective energy source. See California Government Code 16632
  • Energy service contract: means a contract entered into by a public agency with any person, pursuant to which the person will provide electrical or thermal energy or conservation services to a public agency from an energy conservation facility. See California Insurance Code 383
  • Energy settlement agreement: means any agreement arising from the energy crisis of 2000-02, where the State of California or a division of the State of California, is a party in a complaint or any action relating to the operation and management of any generation facilities, any sale or purchase or transmission of natural gas, any sale or purchase or transmission of electricity or other utility or energy goods and services, or a violation of the Federal Power Act (16 U. See California Government Code 16428.2
  • engineer: means the Director of Transportation, the Director of Water Resources, the Director of General Services, or a deputy or other person authorized by any such officer, and every county engineer, county surveyor, county highway engineer, road commissioner, city engineer, commissioner of public works, superintendent of streets, harbor engineer, flood control engineer, the engineer of any board or commission of the state, the engineer of any board or commission of any city, and the engineer of any reclamation, irrigation, or other district or political subdivision or agency of the state. See California Insurance Code 251
  • Enterprise: means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for the generation or production of electric energy for lighting, heating, and power for public or private uses. See California Government Code 20097
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosive in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, pipe plowing and driving, or any other way. See California Insurance Code 381.5
  • Excluded employee: means all managerial employees, as defined in subdivision (e) of Section 3513, all confidential employees, as defined in subdivision (f) of Section 3513, and all supervisory employees, as defined in subdivision (g) of Section 3513, and all civil service employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller's office engaged in technical or analytical duties in support of the state's personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the Public Employment Relations Board, conciliators employed by the California State Mediation and Conciliation Service, employees of the office of the State Chief Information Officer except as provided in Section 11546. See California Health and Safety Code 8026
  • Excluded employee organization: means an organization that includes excluded employees of the state, as defined in subdivision (b), and that has as one of its primary purposes representing its members in employer-employee relations. See California Health and Safety Code 8026
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Facility ground lease: means a lease of all, or any portion of, land or a public building owned by, or under lease to, a public agency to a person in conjunction with an energy service contract or a facility financing contract. See California Insurance Code 383
  • faculty service area: means a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district. See California Education Code 87743.1
  • 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 share fee: means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. See California Health and Safety Code 7528
  • Federal election: means any presidential election, general election, primary election, or special election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, or Member of the United States House of Representatives. See California Education Code 88103
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • fiscal agent: means any state fiscal agent selected and acting pursuant to Chapter 2 (commencing with Section 16670). See California Government Code 16650
  • Flow line: means a pipeline which transports hazardous liquid substances from the well head to a treating facility or production storage facility. See California Government Code 16384
  • 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
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Education Code 32032
  • Foreign limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by the laws of another jurisdiction and denominated or registered as a limited liability partnership or registered limited liability partnership under the laws of that jurisdiction (i) in which each partner is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) which is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii) which (I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Government Code 16428.86
  • 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
  • Fuel: means any combustible material, including petroleum-based products and wildland fuels. See California Government Code 16480.2
  • Fund: means the California Consumer Power and Conservation Financing Authority Fund. See California Government Code 20097
  • Fund: means the fund created by that act, and into which the proceeds from the sale of the bonds are paid. See California Government Code 16722
  • Fund: means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. See California Government Code 16632
  • Fund: means the Ratepayer Relief Fund established in Section 16428. See California Government Code 16428.2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General election: means either of the following:

    California Education Code 88104

  • General fund reserves: means the general fund reserve balance as of July 1, 1978, that is not legally obligated. See California Government Code 16271
  • 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
  • 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.
  • GIS mapping system: means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a data base that is accessible to the public. See California Government Code 16384
  • Goal: means a numerically expressed objective that awarding departments and providers of professional bond services are required to make efforts to achieve. See California Government Code 16851
  • Good faith: except as otherwise provided in Division 5 (commencing with Section 5101), means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Education Code 78031
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 10309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See California Education Code 78214
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • Governing body: means the board of supervisors except that in the case of a subsidiary district "governing body" means the city council, and in the case of a multi-county district "governing body" means the governing body of the multi-county district itself. See California Government Code 16271
  • Grant of an open-space easement: means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. See California Government Code 16428.9
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Holder: means :

    California Education Code 78031

  • Hydrostatic testing: means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. See California Government Code 16384
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insignia: includes badge, motto, button, decoration, charm, emblem, or rosette. See California Government Code 16726
  • Insolvent: means :

    California Education Code 78031

  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See California Education Code 78214
  • instructional aide: means a person employed to assist classroom instructors and other faculty in the performance of their duties and in the supervision of students and in instructional tasks which, in the judgment of the faculty to whom the instructional aide is assigned, may be performed by a person not qualified as a classroom instructor. See California Education Code 88243
  • instrument: means bonds, coupons, and other evidences of State indebtedness, except warrants. See California Government Code 16700
  • Insurance agent: means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company. See California Education Code 32041
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • interested person: means an owner or any other person interested in any of the following:

    California Government Code 17253

  • Intestate: Dying without leaving a will.
  • Inventory: means an itemized list that summarizes the collection of human remains and associated funerary objects in the possession or control of an agency or museum. See California Health and Safety Code 8012
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Education Code 78214
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Education Code 78214
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Education Code 78214
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • legislative 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).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See California Education Code 78214
  • Lessee: means a school district or county superintendent of schools to whom the board has leased a portable classroom pursuant to this chapter. See California Education Code 17087
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See California Education Code 78214
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • licensed clinic: means a clinic licensed pursuant to Article 1 (commencing with Section 1200) of Chapter 1 of Division 2 of the Health and Safety Code. See California Education Code 89260
  • Licensed person: means any person who is duly licensed, authorized, or registered under the provisions of the Business and Professions Code to provide professional limited liability partnership services or who is lawfully able to render professional limited liability partnership services in this state. See California Government Code 16428.86
  • Licensed psychologist: means an individual to whom a license has been issued pursuant to the provisions of this chapter, which license is in force and has not been suspended or revoked. See California Education Code 85241
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Education Code 17351
  • Licentiate: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Education Code 17331
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • listing: as used in this part includes, but is not limited to:

    California Government Code 53185

  • 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
  • Local agency: means any city, county, special district, or other public entity in the state. See California Health and Safety Code 9646
  • Local agency: means any city, county, city and county, special district, school district, or other political subdivision of the state. See California Insurance Code 381.5
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local agency: means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. See California Government Code 16480.2
  • Local agency: means a city, county, city and county, special district, school district, county board of education, or community college district which levied a property tax during the 1977-78 fiscal year or for which a property tax was levied. See California Government Code 16493
  • Local agency: means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency. See California Health and Safety Code 7525
  • Local agency executive: means any person employed by a local agency who is not subject to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)), Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2 of the Education Code, or Chapter 4 (commencing with Section 88000) of Part 51 of Division 7 of Title 3 of the Education Code, and who meets any of the following requirements:

    California Health and Safety Code 7525

  • Local election: is a municipal, county, or district election. See California Education Code 88107
  • maintenance: includes any of the following:

    California Education Code 8070

  • Maintenance of membership: means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. See California Health and Safety Code 7528
  • manufactured home: means a structure as defined in Section 18007 of the Health and Safety Code, and "mobilehome" means a structure as defined in Section 18008 of the Health and Safety Code. See California Education Code 17075.15
  • 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 effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. See California Health and Safety Code 7528
  • Mediation: means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice. See California Health and Safety Code 6969
  • Medical records review meeting: means a meeting between the supervising physician and surgeon and the physician assistant during which medical records are reviewed to ensure adequate supervision of the physician assistant functioning under protocols. See California Education Code 87706
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Education Code 88076

  • 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
  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Education Code 78031
  • Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Education Code 32034
  • 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
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle fuel: includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated by the explosion type engine. See California Government Code 16384
  • multicounty designated transportation planning agency: means the Southern California Association of Governments. See California Government Code 20222
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Education Code 88109
  • Museum: means an entity, including a higher educational institution, excluding school districts, that receives state funds. See California Health and Safety Code 8012
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Education Code 88112
  • Nomination documents: means declaration of candidacy and nomination papers. See California Education Code 88113
  • 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
  • Oath: A promise to tell the truth.
  • optometrist: means a person who is licensed to practice optometry in this state under the authority of this chapter. See California Education Code 87416
  • Organization: means a person other than an individual. See California Education Code 78031
  • Other specified medical services: means tests or examinations performed or ordered by a physician assistant practicing in compliance with this chapter or regulations of the Medical Board of California promulgated under this chapter. See California Education Code 87706
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. See California Government Code 16428.9
  • Owner: includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment. See California Government Code 16495.5
  • 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
  • Participating party: means either of the following:

    California Government Code 20097

  • Participating party: means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project. See California Revenue and Taxation Code 50113.2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: means an association of two or more persons to carry on as coowners a business for profit formed under Section 16202, predecessor law, or comparable law of another jurisdiction, and includes, for all purposes of the laws of this state, a registered limited liability partnership, and excludes any partnership formed under Chapter 4. See California Government Code 16428.86
  • Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See California Government Code 16428.86
  • Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See California Government Code 16428.86
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Education Code 88122
  • permanent employee: includes tenure in the classification in which the employee passed the required probationary period and includes all of the incidents of that classification. See California Education Code 88001
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See California Education Code 78031
  • Person: as used in this chapter means any individual, corporation, association, or any other entity organized for the purpose of conducting business. See California Insurance Code 551
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • 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: means an individual, corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Government Code 16428.86
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal property: All property that is not real property.
  • Physician assistant: means a person who meets the requirements of this chapter and is licensed by the board. See California Education Code 87706
  • Pipeline: includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. See California Government Code 16384
  • place of practice: means any location where optometry is practiced. See California Education Code 87418
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • 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
  • Possession: means having physical custody of human remains and cultural items with a sufficient legal interest to lawfully treat the human remains and cultural items as part of a collection. See California Health and Safety Code 8012
  • 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
  • Preponderance of the evidence: means that the party's evidence on a fact indicates that it is more likely than not that the fact is true. See California Health and Safety Code 8012
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See California Education Code 78214
  • 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.
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Principal act: means the law providing for the creation of a particular district or type of district. See California Government Code 16495.5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • 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
  • Professional limited liability partnership services: means the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law. See California Government Code 16428.86
  • Program: means a program that provides financial assistance, as provided in Article 6 (commencing with Section 3365). See California Government Code 20097
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Education Code 87706
  • Project: means plants, facilities, equipment, appliances, structures, expansions, and improvements within the state that serve the purposes of this division as approved by the authority, and all activities and expenses necessary to initiate and complete those projects described in Article 5 (commencing with Section 3350) and Article 7 (commencing with Section 3368), of Chapter 3. See California Government Code 20097
  • Project: means a purpose for which an allocation may be requested and made under this chapter. See California Government Code 16605
  • Project: means a purpose for which an allocation may be requested and made under this chapter. See California Government Code 16632
  • Project: means the work, improvement, or acquisition, or any combination thereof undertaken by a district. See California Government Code 16495.5
  • Project: means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components. See California Revenue and Taxation Code 50113.2
  • project: shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt. See California Education Code 16002
  • Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See California Government Code 16428.86
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means the state, a county, city and county, city, district, community college district, school district, joint powers authority or other entity designated or created by a political subdivision relating to energy development projects, and any other political subdivision or public corporation in the state. See California Insurance Code 383
  • public agency: means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not. See California Health and Safety Code 6969
  • Public drinking water well: means a wellhead that provides drinking water to a public water system as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Health Services and that is subject to Section 116455 of the Health and Safety Code. See California Government Code 16384
  • Public employee: means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state. See California Health and Safety Code 6969
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public work: means the construction of any bridge, road, street, highway, ditch, canal, dam, tunnel, excavation, building or structure within the State by day's labor or force account. See California Insurance Code 252
  • Punchcard: means a tabulating card on which the voter may record his or her vote by punching, marking, or slotting. See California Education Code 88130
  • Punching: includes marking a ballot card to record a vote. See California Education Code 88131
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Education Code 78031
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See California Education Code 78214
  • Purchaser: means a person that takes by purchase. See California Education Code 78031
  • qualified trust company: means the trust department of any State or National bank in this State or a trust company authorized to act as such in this State. See California Government Code 16550
  • qualified trust company: means the trust department of any state or national bank in this state or a trust company authorized to act as such in this state. See California Government Code 16625
  • Quorum: The number of legislators that must be present to do business.
  • Real estate investment trust: as used in this part means any unincorporated association or trust formed to engage in business and managed by, or under the direction of, one or more trustees for the benefit of the holders or owners (hereinafter in this part "shareowners") of transferable shares of beneficial interest in the trust estate (hereinafter in this part "shares") and that meets one of the following two tests:

    California Education Code 88023

  • 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.
  • Reclassification: means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position. See California Education Code 88001
  • Recognized employee organization: means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit. See California Health and Safety Code 7528
  • Recognized employee organization: means an employee organization which has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency. See California Health and Safety Code 6969
  • 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 Education Code 78031
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refunding warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. See California Government Code 17240
  • Registered limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by Article 10 (commencing with Section 16951), that is registered under Section 16953 and (i) each of the partners of which is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii)(I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Government Code 16428.86
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Education Code 88136
  • Regulations: means the rules and regulations as set forth in Chapter 13. See California Education Code 87706
  • Reimbursement warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. See California Government Code 17240
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Education Code 78031
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. See California Education Code 88081
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Education Code 78031
  • Requisite number of petitioners: means the number of qualified petitioners prescribed by the principal act. See California Government Code 16495.5
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Respiratory care: includes "respiratory therapy" or "inhalation therapy" where those terms mean respiratory care. See California Education Code 88066
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue: means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority. See California Revenue and Taxation Code 50113.2
  • Revenues: means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from an enterprise, or by the authority or a participating party from any other financing arrangement undertaken by the authority or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the authority or a participating party. See California Government Code 20097
  • Right: includes remedy. See California Education Code 78031
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Routine visual screening: means uninvasive nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception. See California Education Code 87706
  • Rural area: means a location which lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development. See California Government Code 16384
  • 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
  • School officer: means the Superintendent of Public Instruction and the superintendent of schools of a county. See California Education Code 88162
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Education Code 78031
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service provider: means any public or private nonprofit agency which provides service directly to categorical populations. See California Government Code 16366.2
  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Education Code 17494
  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Education Code 88167
  • solar collector: includes a fixed device, structure, or part of a device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy and that is installed on the ground because a solar collector cannot be installed on the roof of the building receiving the energy due to inappropriate roofing material, slope of the roof, structural shading, or orientation of the building. See California Government Code 16368.1
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See California Government Code 17070
  • Solar energy system: means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. See California Government Code 17552
  • Special district: includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. See California Government Code 16271
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Education Code 88167.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17489
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 88168
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1909
  • 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
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 25018.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • 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 Education Code 78031
  • State: means the State of California. See California Government Code 20097
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See California Government Code 16428.86
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • State agency: as used in this chapter , means any state agency defined in Section 11000, which is authorized to enter into contracts and shall include, but not be limited to, the Department of Public Works, the Department of Water Resources, the Department of General Services, the Trustees of the California State University, and the Board of Regents of the University of California. See California Insurance Code 550
  • State agency: means a unit of state government, including any department, agency, board, or commission under the State of California. See California Government Code 16632
  • State agency: includes every state office, officer, department, division, bureau, board, authority, and commission. See California Education Code 88066
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • 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 of Optometry: shall be deemed to refer to the "California State Board of Optometry. See California Education Code 87417
  • State cultural affiliation: means that there is a relationship of shared group identity that can reasonably be traced historically or prehistorically between members of a present-day California Indian Tribe, as defined in subdivision (j), and an identifiable earlier tribe or group. See California Health and Safety Code 8012
  • State employee: means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller's office engaged in technical or analytical duties in support of the state's personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546. See California Health and Safety Code 7528
  • state fund: means the State Compensation Insurance Fund. See California Government Code 20251
  • 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 of California: as used in this chapter includes those state agencies, boards, and commissions as may be designated by law that employ civil service employees, except the University of California, Hastings College of the Law, and the California State University. See California Health and Safety Code 8026
  • State office building project: means any work of construction, restoration, rehabilitation, renovation, or reconstruction of a state office building that is performed pursuant to Article 5. See California Government Code 16202
  • State School Building Aid Fund: means that fund established pursuant to Section 16096. See California Education Code 17087
  • Statement: means a statement of partnership authority under Section 16303, a statement of denial under Section 16304, a statement of dissociation under Section 16704, a statement of dissolution under Section 16805, a statement of conversion or a certificate of conversion under Section 16906, a statement of merger under Section 16915, or an amendment or cancellation of any of the foregoing. See California Government Code 16428.86
  • Statewide election: is a n election held throughout the state. See California Education Code 88180
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Subsidiary district: means a special district in which the city council of a city has been empowered to act as ex officio members of the board of directors of such district and either:

    California Government Code 16271

  • Summary: means a document that summarizes the collection of unassociated funerary objects, sacred objects, or objects of cultural patrimony in the possession or control of an agency or museum. See California Health and Safety Code 8012
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising authority: means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district. See California Government Code 16495.5
  • supervising physician and surgeon: means a physician and surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation for improper use of a physician assistant. See California Education Code 87706
  • Supervision: means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant. See California Education Code 87706
  • Supervisory employee organization: means an organization that represents members who are supervisory employees under subdivision (g) of Section 3513. See California Health and Safety Code 8026
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Education Code 78214
  • Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Education Code 32224
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tender: means a term of a bond that gives the holder the right to have the bond purchased from the holder at a predetermined price prior to maturity. See California Government Code 16722
  • Term: means a portion of an agreement that relates to a particular matter. See California Education Code 78031
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Education Code 78031
  • 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.
  • Town: includes "unincorporated town" and "village. See California Education Code 19430
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See California Government Code 16428.86
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unapplied money: means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. See California Government Code 17220
  • 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
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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.
  • Vegetation: means all plants, including trees, shrubs, grass, and perennial or annual plants. See California Government Code 16480.2
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Very high fire hazard severity zone: means an area designated by the director pursuant to Section 51178 that is not a state responsibility area. See California Government Code 16480.2
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. See California Education Code 88181
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • 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 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
  • Wildfire: means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. See California Government Code 16480.2
  • 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
  • Worksite: means either of the following:

    California Insurance Code 350

  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Education Code 78031