Terms Used In California Codes > Health and Safety Code > Division 26 > Part 3 - AIR POLLUTION CONTROL DISTRICTS

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• Acquisition: means the acquisition of any interest in real property. See California Fish and Game Code 2602
• Acquisition: means the acquiring of any interest in real property. See California Fish and Game Code 2702
• Act: means the California Library Services Act. See California Education Code 18710
• Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
• Adoption date: means the date the governing body adopts the plan of conversion. See California Insurance Code 1560.02
• Affiliation period: means a period that, under the terms of the health benefit plan, shall elapse before health care services under the plan become effective. See California Insurance Code 10700
• 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 that organization for the duration of the agreement or a period of three years from the effective date of the agreement, whichever comes first. See California Government Code 71632.5
• Agent or broker: means a person or entity licensed under Chapter 5 (commencing with Section 1621) of Part 2 of Division 1. See California Insurance Code 10700
• alien insurer: means a foreign insurer organized under the laws of any jurisdiction other than a State of the United States. See California Insurance Code 1580
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Fish and Game Code 15
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At risk of chronic homelessness: includes , but is not limited to, persons who are at high risk of long-term or intermittent homelessness, including persons with mental illness exiting institutionalized settings, including, but not limited to, jail and mental health facilities, who were homeless prior to admission, transition age youth experiencing homelessness or with significant barriers to housing stability, and others, as defined in program guidelines. See California Welfare and Institutions Code 5849.2
• 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 Health Facilities Financing Authority established pursuant to Part 7. See California Welfare and Institutions Code 5849.2
• Authorized representative: means an individual appointed by the State Council on Developmental Disabilities pursuant to subdivision (a) of Section 4541 or who is an authorized representative, as defined in Section 4701. See California Welfare and Institutions Code 4512
• Bag limit: means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. See California Fish and Game Code 18
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Code of Civil Procedure 1501
• 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.
• Beer dispensing equipment: means any machine, tool, or implement used in the operation of dispensing beer. See California Health and Safety Code 108600
• 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}
• Benefit plan design: means a specific health coverage product issued by a carrier to small employers, to trustees of associations that include small employers, or to individuals if the coverage is offered through employment or sponsored by an employer. See California Insurance Code 10700
• Bequest: Property gifted by will.
• best available control technology: has the meaning provided in Section 40405. See California Health and Safety Code 40951
• best available control technology: means an emission limitation that will achieve the lowest achievable emission rate for the source to which it is applied. See California Health and Safety Code 40405
• best available retrofit control technology: has the meaning given in Section 40406. See California Health and Safety Code 40952
• best available retrofit control technology: means an emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source. See California Health and Safety Code 40406
• Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
• board: means the Public Employment Relations Board established pursuant to Section 3541. See California Government Code 71639.1
• Board: means the Major Risk Medical Insurance Board. See California Insurance Code 10700
• Bonded indebtedness: includes any financial encumbrance, including, but not limited to, bonds, lease revenue bonds, certificates of participation, mortgages, liens, or loans, on a building. See California Government Code 70301
• Building: means a single structure or connected structures. See California Government Code 70301
• Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Code of Civil Procedure 1501
• Carrier: means any disability insurance company or any other entity that writes, issues, or administers health benefit plans that cover the employees of small employers, regardless of the situs of the contract or master policyholder. See California Insurance Code 10700
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
• Chambers: A judge's office.
• City: includes "city and county. See California Insurance Code 15
• Client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subparagraph (A) of paragraph (1) of subdivision (b). See California Financial Code 51000
• Closed season: means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. See California Fish and Game Code 29
• Coastal zone: means the coastal zone as defined and mapped pursuant to §. See California Fish and Game Code 2602
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial establishment: means any owner or operator of a business that uses beer dispensing equipment. See California Health and Safety Code 108600
• Commission: means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845. See California Welfare and Institutions Code 5835
• Commission: means the Mental Health Services Oversight and Accountability Commission established by Section 5845. See California Welfare and Institutions Code 5849.2
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Committee: means the No Place Like Home Program Advisory Committee established pursuant to Section 5849. See California Welfare and Institutions Code 5849.2
• 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.
• Competitive program: means that portion of the program established by Section 5849. See California Welfare and Institutions Code 5849.2
• constable: means the marshal or the constable and any deputy marshal or deputy constable actively employed in the performance of duties as deputy marshal or constable. See California Government Code 71300
• Consumer: means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a). See California Welfare and Institutions Code 4512
• Continuance: Putting off of a hearing ot trial until a later time.
• Converted insurer: means the incorporated stock insurer into which a domestic reciprocal insurer has been converted in accordance with the provisions of this article. See California Insurance Code 1560.02
• Converting insurer: means , for a plan of conversion under this article, the domestic reciprocal insurer that is converting under the plan. See California Insurance Code 1560.02
• Cooperative library system: means a public library system that consists of two or more jurisdictions entering into a written agreement to implement a regional program in accordance with this chapter, and that, as of the effective date of this chapter, was designated a library system under the Public Library Services Act of 1963 or was a successor to that library system. See California Education Code 18710
• council: means the Bay Area Air Quality Management Advisory Council. See California Health and Safety Code 40260
• council: means an air pollution control advisory council appointed pursuant to Section 40361. See California Health and Safety Code 40360
• County: includes a city receiving funds pursuant to Section 5701. See California Welfare and Institutions Code 5835
• County: includes , but is not limited to, a city and county, and a city receiving funds pursuant to Section 5701. See California Welfare and Institutions Code 5849.2
• County: includes "city and county. See California Corporations Code 14
• County: includes city and county. See California Health and Safety Code 14
• County: includes "city and county. See California Insurance Code 14
• County: includes "city and county. See California Welfare and Institutions Code 14
• County facilities payment: means the amount established by Article 5 of this chapter to be paid by a county in partial exchange for relief from the responsibility for providing court facilities. See California Government Code 70301
• Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
• Court facilities: consist of all of the following:

  California Government Code 70301

• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Credible science: means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. See California Fish and Game Code 33
• Creditable coverage: means :

  California Insurance Code 10700

• custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
• Decedent: A deceased person.
• Deferred maintenance: means a backlog of projects that occurs when ongoing maintenance and repair of court facilities or a building is not sustained at an appropriate level in quality, quantity, or frequency to support the designed level of service of the building or special repair projects are not accomplished as needed. See California Government Code 70301
• Department: means the State Department of Health Services. See California Health and Safety Code 130400
• Department: means the Department of Housing and Community Development. See California Welfare and Institutions Code 5849.2
• department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Health and Safety Code 11752
• department: means State Department of Health Services. See California Health and Safety Code 20
• Dependent: means the spouse or child of an eligible employee, subject to applicable terms of the health benefit plan covering the employee, and includes dependents of guaranteed association members if the association elects to include dependents under its health coverage at the same time it determines its membership composition pursuant to subdivision (z). See California Insurance Code 10700
• development project: means any of the following:

  California Public Resources Code 42905

• Developmental disability: means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. See California Welfare and Institutions Code 4512
• Devise: To gift property by will.
• Direct loan: means the lending of a book or other item directly to a borrower. See California Education Code 18710
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Distribution program: means that portion of the program described in Section 5849. See California Welfare and Institutions Code 5849.2
• District: means fish and game district. See California Fish and Game Code 41
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Donor: The person who makes a gift.
• Early psychosis and mood disorder detection and intervention: refers to a program that utilizes evidence-based approaches and services to identify and support clinical and functional recovery of individuals by reducing the severity of first, or early, episode psychotic symptoms, other early markers of serious mental illness, such as mood disorders, keeping individuals in school or at work, and putting them on a path to better health and wellness. See California Welfare and Institutions Code 5835
• Ecosystem-based management: means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. See California Fish and Game Code 43
• Effective date: means the date upon which the conversion of a domestic reciprocal insurer is effective, as specified in the amended articles of incorporation of the reciprocal holding company filed with the Secretary of State, as a result of conversion proceedings under this article. See California Insurance Code 1560.02
• electric plant: means an electric plant as defined in §. See California Health and Safety Code 40407
• electronic or computer data storage: means paperless record retention utilizing optical, electronic, magnetic, micrographic, or photographic media or other similar technology capable of accurately producing or reproducing data in accordance with minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management. See California Health and Safety Code 40407.5
• Eligible employee: means either of the following:

  California Insurance Code 10700

• Eligible subscribers: means the subscribers of the domestic reciprocal insurer who are of record, fully paid-up, and otherwise in good standing on the domestic reciprocal insurer's adoption date and on its effective date, but shall not include those persons covered solely under a reporting endorsement to a claims-made policy on either date. See California Insurance Code 1560.02
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Endorsee: means an unlicensed employee or authorized representative of a portable electronics vendor. See California Insurance Code 1758.69
• Enrollee: means an eligible employee or dependent who receives health coverage through the program from a participating carrier. See California Insurance Code 10700
• Enrollment: means the process of soliciting or accepting enrollments or applications from a consumer under a portable electronics insurance policy, which includes informing the consumer of the availability of coverage, preparing and delivery of the certificate of insurance or notice of proposed insurance, or otherwise assisting the consumer in making an informed decision whether or not to elect to purchase portable electronics insurance. See California Insurance Code 1758.69
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal access: means the right of the residents of jurisdictions that are members of a cooperative library system to use on an equal basis with one another the services and loan privileges of any and all other members of the same system. See California Education Code 18710
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Ex officio: Literally, by virtue of one's office.
• Exchange facilitator: means a person that does any of the following:

  California Financial Code 51000

• Executor: A male person named in a will to carry out the decedent
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• federal act: means the Federal Hazardous Substances Act (74 Stats. See California Health and Safety Code 108120
• Fee: means compensation of any nature, direct or indirect, monetary or in-kind, that is received by a person or related person as defined in Section 267(b) or 707(b) of the Internal Revenue Code for any services relating to or incidental to the exchange of like-kind property. See California Financial Code 51000
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a bank, credit union, savings and loan association, savings bank, or trust company chartered under the laws of this state or the United States whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or other similar or successor programs. See California Financial Code 51000
• Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Code of Civil Procedure 1501
• Financially impaired: means , for the purposes of this chapter, a carrier that, on or after the effective date of this chapter, is not insolvent and is either:

  California Insurance Code 10700

• Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
• 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 Insurance Code 27
• Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
• Full and adequate consideration: as used in this title means fair market value. See California Government Code 82025.5
• Fund: means the Golden Bear State Pharmacy Assistance Program Rebate Fund. See California Health and Safety Code 130400
• Fund: means the No Place Like Home Fund established pursuant to Section 5849. See California Welfare and Institutions Code 5849.2
• Fund: means the Wildlife and Natural Areas Conservation Fund created pursuant to Section 2720. See California Fish and Game Code 2702
• Fund: means the California Small Group Reinsurance Fund. See California Insurance Code 10700
• Governing body: means the body exercising subscribers' rights selected pursuant to Section 1308 for the domestic reciprocal insurer. See California Insurance Code 1560.02
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guaranteed association: means a nonprofit organization comprised of a group of individuals or employers who associate based solely on participation in a specified profession or industry, accepting for membership any individual or employer meeting its membership criteria which (1) includes one or more small employers as defined in paragraph (1) of subdivision (w), (2) does not condition membership directly or indirectly on the health or claims history of any person, (3) uses membership dues solely for and in consideration of the membership and membership benefits, except that the amount of the dues shall not depend on whether the member applies for or purchases insurance offered by the association, (4) is organized and maintained in good faith for purposes unrelated to insurance, (5) has been in active existence on January 1, 1992, and for at least five years prior to that date, (6) has been offering health insurance to its members for at least five years prior to January 1, 1992, (7) has a constitution and bylaws, or other analogous governing documents that provide for election of the governing board of the association by its members, (8) offers any benefit plan design that is purchased to all individual members and employer members in this state, (9) includes any member choosing to enroll in the benefit plan design offered to the association provided that the member has agreed to make the required premium payments, and (10) covers at least 1,000 persons with the carrier with which it contracts. See California Insurance Code 10700
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health benefit plan: means a policy or contract written or administered by a carrier that arranges or provides health care benefits for the covered eligible employees of a small employer and their dependents. See California Insurance Code 10700
• Highly rare: means a worldwide rarity in which any species or natural community occurs in 50 or fewer locations, irrespective of whether the species or any species in the community is listed as threatened or endangered or was previously listed as rare. See California Fish and Game Code 2702
• Historical building: means a building that is identified as a historical building by the county board of supervisors and is either a "qualified historical building or structure" as defined in §. See California Government Code 70301
• Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Code of Civil Procedure 1501
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• In force business: means an existing health benefit plan issued by the carrier to a small employer. See California Insurance Code 10700
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent public library: means a public library that is not a member of a system. See California Education Code 18710
• 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.
• insurance agent: as used in this chapter does not include a life agent as defined in this article. See California Insurance Code 1621
• Insurance broker: means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer. See California Insurance Code 33
• Insurance solicitor: means a natural person employed to aid a property and casualty broker-agent acting as an insurance agent or insurance broker in transacting insurance other than life, disability, or health. See California Insurance Code 34
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• isomer: includes optical and geometrical (diastereomeric) isomers. See California Health and Safety Code 11033
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
• Late enrollee: means an eligible employee or dependent who has declined health coverage under a health benefit plan offered by a small employer at the time of the initial enrollment period provided under the terms of the health benefit plan and who subsequently requests enrollment in a health benefit plan of that small employer, provided that the initial enrollment period shall be a period of at least 30 days. See California Insurance Code 10700
• Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Libraries for institutionalized persons: means libraries maintained by institutions for the purpose of serving their resident populations. See California Education Code 18710
• library districts: as used in this chapter mean "union high school library district. See California Education Code 18301
• library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
• license: includes a certificate of convenience and a permanent license, and the term "persons who are licensed" includes the holders of any such certificate or the license, but these definitions and the use of those terms in this chapter shall not confer upon a certificate of convenience or any holder thereof any property right in or to the certificate, the certificate being and remaining only a temporary permit, issued as a matter of convenience, allowing the transaction of insurance without a permanent license, but within the limits, and subject to the conditions of the certificate of convenience issued and the laws applicable thereto. See California Insurance Code 1627
• License period: means all of that two-year period beginning as described in subparagraph (A) or (B) of paragraph (2), as applicable, and ending the second succeeding year on the last calendar day of the month in which the initial license was issued. See California Insurance Code 1758.69
• License term: as used in this chapter means all of that two-year period beginning as described in subdivision (a) or (b) of Section 1629, as applicable, and ending the second succeeding year on the last calendar day of the month in which the initial license was issued. See California Insurance Code 1630
• licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Code of Civil Procedure 1501
• Limited lines travel insurance agent: means an insurer designee that is licensed to transact travel insurance, as defined in subdivision (b). See California Insurance Code 1753
• Maintenance: means the ongoing upkeep of buildings, equipment, grounds, and utilities required to keep a building and its systems in a condition adequate to support its designed level of service. See California Government Code 70301
• Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
• Medicare beneficiary: means a Medicare beneficiary who is a California resident. See California Health and Safety Code 130400
• Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
• Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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 Insurance Code 29
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• narcotic and drug abuse program: means any program that provides any service of care, treatment, rehabilitation, counseling, vocational training, self-improvement classes or courses, narcotic replacement therapy in maintenance or detoxification treatment, or other medication services for detoxification and treatment, and any other services that are provided either public or private, whether free of charge or for compensation, which services are intended in any way to alleviate the problems of narcotic addiction or habituation or drug abuse addiction or habituation or any problems in whole or in part related to the problem of narcotics addiction or drug abuse, or any combination of these problems. See California Health and Safety Code 11842
• Natural community: means a distinct, identifiable, and recurring association of plants and animals that are ecologically interrelated. See California Fish and Game Code 2702
• New business: means a health benefit plan issued to a small employer that is not the carrier's in force business. See California Insurance Code 10700
• 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.
• Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
• Oath: includes affirmation. See California Insurance Code 17
• Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Operates a water distribution system: means actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following:

  California Health and Safety Code 106876

• Operates a water treatment plant: means actions or decisions to control the performance of one or more drinking water treatment processes and includes both of the following:

  California Health and Safety Code 106876

• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• organization: means any legal entity other than a natural person. See California Insurance Code 1628
• Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Code of Civil Procedure 1501
• Participating carrier: means a carrier that has entered into a contract with the program to provide health benefits coverage under this part. See California Insurance Code 10700
• permanent supportive housing: shall include associated facilities if used to provide services to housing residents. See California Welfare and Institutions Code 5849.2
• Person: means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, or any other form of a legal entity, and includes the agents and employees of that person. See California Financial Code 51000
• Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Code of Civil Procedure 1501
• Person: means an individual, partnership, firm, association, corporation, joint-stock company, limited liability company, trust, government or governmental agency, state or political subdivision of a state, public or private corporation, board, association, estate, trustee, or fiduciary, or any similar entity. See California Insurance Code 1560.02
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Personal property: All property that is not real property.
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• plan: means the south coast district air quality management plan. See California Health and Safety Code 40408
• plan: means a plan adopted by a domestic reciprocal insurer in compliance with this article. See California Insurance Code 1560.02
• Plan of operation: means the plan of operation of the fund, including articles, bylaws, and operating rules adopted by the fund pursuant to Article 3 (commencing with Section 10719). See California Insurance Code 10700
• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• 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.
• Policy: means an individual or group policy of insurance issued by a domestic reciprocal insurer. See California Insurance Code 1560.02
• Policyholder: means the holder of a policy other than a reinsurance contract or a person covered solely under a reporting endorsement to a claims-made policy. See California Insurance Code 1560.02
• Portable electronics: means all of the following:

  California Insurance Code 1758.69

• Portable electronics insurance: means a contract providing coverage for the repair or replacement of portable electronics against any one or more of the following causes of loss: loss, theft, mechanical failure, malfunction, damage, or other applicable perils. See California Insurance Code 1758.69
• Portable electronics insurance agent license: means an agent license issued to an individual or organization for the enrollment and sale of portable electronics insurance. See California Insurance Code 1758.69
• Portable electronics vendor: means any person in the business, directly or indirectly, of selling, reselling, soliciting, or leasing portable electronics, their accessories, and related services to customers. See California Insurance Code 1758.69
• Possession limit: means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. See California Fish and Game Code 19
• 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.
• Preexisting condition provision: means a policy provision that excludes coverage for charges or expenses incurred during a specified period following the insured's effective date of coverage, as to a condition for which medical advice, diagnosis, care, or treatment was recommended or received during a specified period immediately preceding the effective date of coverage. See California Insurance Code 10700
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• premium finance agreement: means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a lender in installments the principal amount advanced by the lender to an insurer or producer in payment of premium on an insurance contract or contracts, plus charges, with the assignment, as security therefor, of the unearned premiums, accrued dividends, or loss payments. See California Financial Code 29002
• premium financing: means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance contracts only, and does not include the financing of insurance contract premiums purchased in connection with the financing of goods and services. See California Financial Code 29000
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeding: includes an action. See California Family Code 110
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• Program: means the process for awarding funds and distributing moneys to applicants established in Sections 5849. See California Welfare and Institutions Code 5849.2
• program: means a business entity with a physical location in the State of California that provides one or more of the following services to clients:

  California Health and Safety Code 11832.2

• program: means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following:

  California Health and Safety Code 11836

• Program: means the Health Insurance Plan of California. See California Insurance Code 10700
• Property broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
• Prudent investor standard: means the prudent investor rule described in Article 2. See California Financial Code 51000
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
• Public library: means a library, or two or more libraries, that is operated by a single public jurisdiction and that serves its residents free of charge. See California Education Code 18710
• Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
• Quorum: The number of legislators that must be present to do business.
• Radiologic Technology Act: means Sections 106965 to 107115, inclusive, and Chapter 6 (commencing with Section 114840) of Part 9 of Division 104. See California Health and Safety Code 27
• Rating period: means the period for which premium rates established by a carrier are in effect and shall be no less than six months. See California Insurance Code 10700
• Reciprocal holding company: means a corporation organized under the laws of this state subject to the General Corporation Law as set forth in the Corporations Code. See California Insurance Code 1560.02
• 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}
• 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.
• Rental agreement: means any written agreement for the terms and conditions governing the use of a storage space provided by a self-service storage company. See California Insurance Code 1758.791
• Renter: means any person who obtains the use of storage space from a self-service storage company under the terms of a rental agreement. See California Insurance Code 1758.791
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
• Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
• Residents: means any person defined in Section 19 who is resident within the meaning of Section 30. See California Insurance Code 1620.2
• Residuals: means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. See California Code of Civil Procedure 1501
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Responsibility for facilities: means the obligation of providing, operating, maintaining, altering, and renovating a building that contains the facilities. See California Government Code 70301
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail distributor: means any person engaged in the manufacture, rental, lease, sale, or distribution of beer dispensing equipment. See California Health and Safety Code 108600
• Rights in surplus: includes rights of subscribers to a distribution of surplus in liquidation or conservation of the insurer under this code, or in a dissolution or winding up. See California Insurance Code 1560.02
• Risk adjusted employee risk rate: means the rate determined for an eligible employee of a small employer in a particular risk category after applying the risk adjustment factor. See California Insurance Code 10700
• Risk adjustment factor: means the percent adjustment to be applied equally to each standard employee risk rate for a particular small employer, based upon any expected deviations from standard claims. See California Insurance Code 10700
• Risk category: means the following characteristics of an eligible employee: age, geographic region, and family size of the employee, plus the benefit plan design selected by the small employer. See California Insurance Code 10700
• Self-service storage agent: means a person or organization licensed pursuant to this article to offer insurance in connection with, and incidental to, rental agreements on behalf of an insurer authorized to write the types of insurance specified in Section 1758. See California Insurance Code 1758.791
• Self-service storage facility: means a person or organization engaged in the business of providing leased or rented storage space to the public. See California Insurance Code 1758.791
• Service of process: The service of writs or summonses to the appropriate party.
• Shared use: refers to a building which is used for both court and noncourt purposes. See California Government Code 70301
• Sheriff: includes marshal. See California Code of Civil Procedure 17
• 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 Corporations Code 17
• Small employer: means either of the following:

  California Insurance Code 10700

• Special improvement: means any modification that increases the designed level of services of a building, or a one-time modification of a building that is not expected to be repeated during the lifetime of the building. See California Government Code 70301
• Special repair: means modifications that maintain the designed level of services of a building and does not include a special improvement. See California Government Code 70301
• Special Services Programs: means a project establishing or improving service to the underserved of all ages. See California Education Code 18710
• Species: means the fundamental biological unit of plant and animal classification that comprises a subdivision of a genus, but for the purposes of this chapter, "species" also includes the unit of a subspecies. See California Fish and Game Code 2702
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Standard employee risk rate: means the rate applicable to an eligible employee in a particular risk category in a small employer group. See California Insurance Code 10700
• State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• State board: means the California Library Services Board. See California Education Code 18710
• Stock holding company: means a corporation authorized to issue one or more classes of capital stock, the corporate purposes of which include holding all of the voting stock in an insurer that has been converted from a domestic reciprocal insurer into a stock insurer in proceedings under this article in which a reciprocal holding company is formed. See California Insurance Code 1560.02
• Storage space: means a room, unit, locker, or open space offered for rental to the public for temporary storage of personal belongings or light commercial goods. See California Insurance Code 1758.791
• strategy: means the Sacramento district air quality improvement strategy. See California Health and Safety Code 40953
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscriber: means a person who, by the records of the domestic reciprocal insurer and its rules and regulations, is deemed to be a holder of a subscriber's interest in the domestic reciprocal insurer. See California Insurance Code 1560.02
• 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 Insurance Code 18
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
• Surplus deposits of subscribers: as used in this chapter , means amounts, over and above any premium charges, which are contributed by subscribers and which are used for the purpose of funding the surplus of a reciprocal or interinsurance exchange. See California Insurance Code 1374.1
• 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 Insurance Code 47
• System: means a cooperative library system. See California Education Code 18710
• Target population: means individuals or households as provided in Section 5600. See California Welfare and Institutions Code 5849.2
• 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.
• Toy: as used in this article , means an article designed and made for the amusement of a child or for his or her use in play. See California Health and Safety Code 108550
• Transact: means , for the purposes of this article, the following activities when engaged in by a travel retailer:

  California Insurance Code 1753

• 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.
• Transport: includes offer or receive for transportation. See California Fish and Game Code 88
• Travel insurance: means insurance coverage for personal risks incidental to planned travel, including one or more of the following:

  California Insurance Code 1753

• Travel retailer: means a business organization that makes, arranges, or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance agent. See California Insurance Code 1753
• 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.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Unacceptable seismic safety rating: means a rating of either "substantial risk" (level V), "extensive but not imminent risk" (level VI), or "imminent risk" (level VII) under the Risk Acceptability Table of the State Building Seismic Program as developed by the Division of the State Architect, April 1994, p. See California Government Code 70301
• Underserved: means any population segment with exceptional service needs not adequately met by traditional library service patterns, including, but not limited to, those persons who are geographically isolated, economically disadvantaged, functionally illiterate, of non-English-speaking or limited-English-speaking ability, homebound, or institutionalized, or who are persons with disabilities. See California Education Code 18710
• Universal borrowing: means the extension by a public library of its direct loan privileges to the eligible borrowers of all other public libraries. See California Education Code 18710
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Usable space: means space that an occupier of a facility can actually use and may allocate to house personnel and furniture. See California Government Code 70301
• User rights: means the right to exclusive use of the noncommon area within a building allocated to that use as well as shared use of the common areas of the building and the appurtenant grounds and parking. See California Government Code 70301
• Venue: The geographical location in which a case is tried.
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
• Voting stock: means securities of any class or any ownership interest having voting power for the election of directors, trustees, or management of a person, other than securities having voting power only because of the occurrence of a contingency. See California Insurance Code 1560.02
• Water distribution operator certificate: means a certificate of competency issued by the state board stating that a person has met the requirements to be certified to operate a water distribution system for a specified grade level. See California Health and Safety Code 106876
• Water treatment operator certificate: means a certificate of competency issued by the state board stating that a person has met the requirements to be certified to operate a water treatment plant for a specific classification and grade level. See California Health and Safety Code 106876
• Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17