Terms Used In Minnesota Statutes > Chapter 123A > COOPERATIVE FACILITIES GRANT ACT

• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Airport: has the meaning given it in section 360. See Minnesota Statutes 239.051
• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• ASTM: means the American Society for Testing and Materials, a private organization that utilizes committees of industry representatives and regulators to develop product quality standards and test methods to be used by industries, regulatory agencies, and purchasing agents. See Minnesota Statutes 239.051
• ASTM specification: means a standard quality specification developed and published by the American Society for Testing and Materials. See Minnesota Statutes 239.051
• automotive fuel: has the meaning given it in 16 C. See Minnesota Statutes 239.051
• biofuel: includes both advanced and conventional biofuels. See Minnesota Statutes 239.051
• Certificate: means a computer-based record that:

  (1) identifies the certification authority issuing it;

  (2) names or identifies its subscriber;

  (3) contains the subscriber's public key; and

  (4) is digitally signed by the certification authority issuing it. See Minnesota Statutes 325K.01

• Certification authority: means a person who issues a certificate. See Minnesota Statutes 325K.01
• Certification practice statement: means a declaration of the practices that a certification authority employs in issuing certificates generally, or employed in issuing a material certificate. See Minnesota Statutes 325K.01
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Collector vehicle: means a motor vehicle for which the commissioner of public safety has issued a pioneer license, classic car license, collector license, or street rod license under section 168. See Minnesota Statutes 239.051
• Commissioner: means the commissioner of the Department of Commerce. See Minnesota Statutes 239.051
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means a person who agrees to pay a fee to an Internet service provider for access to the Internet for personal, family, or household purposes, and who does not resell access. See Minnesota Statutes 325M.01
• Contract: A legal written agreement that becomes binding when signed.
• Conventional biofuel: means ethanol derived from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201. See Minnesota Statutes 239.051
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Correct: when used in connection with weights and measures, means conformance with the applicable requirements of this chapter, and rules adopted under the authority granted by this chapter. See Minnesota Statutes 239.051
• Department: means the Department of Commerce. See Minnesota Statutes 239.051
• digitally signed: means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

  (1) whether the transformation was created using the private key that corresponds to the signer's public key; and

  (2) whether the initial message has been altered since the transformation was made. See Minnesota Statutes 325K.01

• Director: means the director of the Division of Weights and Measures of the Department of Commerce. See Minnesota Statutes 239.051
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispenser: means a device designed to measure and deliver liquid petroleum products used as fuel. See Minnesota Statutes 239.051
• Distributor: means a person who is licensed by the Department of Revenue, under the requirements of section 296A. See Minnesota Statutes 239.051
• Division: means the Division of Weights and Measures of the Department of Commerce. See Minnesota Statutes 239.051
• EPA: means the United States Environmental Protection Agency. See Minnesota Statutes 239.051
• Ethanol blender: means a person who blends and distributes, transports, sells, or offers to sell gasoline containing ethanol. See Minnesota Statutes 239.051
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Financial institution: means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Minnesota and the deposits of which are federally insured. See Minnesota Statutes 325K.01
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gasoline: has the meaning given it in section 296A. See Minnesota Statutes 239.051
• Internet service provider: means a business or person who provides consumers authenticated access to, or presence on, the Internet by means of a switched or dedicated telecommunications channel upon which the provider provides transit routing of Internet Protocol (IP) packets for and on behalf of the consumer. See Minnesota Statutes 325M.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensed certification authority: means a certification authority to whom a license has been issued by the secretary and whose license is in effect, or a certification authority who operates under a license issued by a governmental entity which has been certified pursuant to section 325K. See Minnesota Statutes 325K.01
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Majority leader: see Floor Leaders
• Marina: has the meaning given it in section 86A. See Minnesota Statutes 239.051
• Message: means a digital representation of information. See Minnesota Statutes 325K.01
• Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
• Minority leader: See Floor Leaders
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Notify: means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person. See Minnesota Statutes 325K.01
• Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oxygenate: means agriculturally derived, denatured ethanol, ETBE, MTBE, or other alcohol or ether, approved as an oxygenate by the United States Environmental Protection Agency. See Minnesota Statutes 239.051
• Oxygenated gasoline: means gasoline that has been blended with agriculturally derived denatured ethanol or with another oxygenate approved by the United States Environmental Protection Agency. See Minnesota Statutes 239.051
• 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.
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Person: means a human being or an organization capable of signing a document, either legally or as a matter of fact. See Minnesota Statutes 325K.01
• Person: means person or persons, corporation, partnership, stock company, society, association, or the agent or employee thereof. See Minnesota Statutes 239.051
• Person responsible for the product: means a person or persons, corporation, partnership, stock company, society, association, or its agent or employee who processes, blends, holds, stores, imports, transfers, distributes, offers for sale or use, or sells petroleum products in Minnesota and who possesses petroleum products at the time they are sampled or inspected by the director. See Minnesota Statutes 239.051
• Personally identifiable information: means information that identifies:

  (1) a consumer by physical or electronic address or telephone number;

  (2) a consumer as having requested or obtained specific materials or services from an Internet service provider;

  (3) Internet or online sites visited by a consumer; or

  (4) any of the contents of a consumer's data-storage devices. See Minnesota Statutes 325M.01

• 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.
• Private key: means the key of a key pair used to create a digital signature. See Minnesota Statutes 325K.01
• 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.
• Public key: means the key of a key pair used to verify a digital signature. See Minnesota Statutes 325K.01
• Qualified right to payment: means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter. See Minnesota Statutes 325K.01
• Recipient: means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. See Minnesota Statutes 325K.01
• Recognized repository: means a repository recognized by the secretary under section 325K. See Minnesota Statutes 325K.01
• 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.
• Repository: means a system for storing and retrieving certificates and other information relevant to digital signatures. See Minnesota Statutes 325K.01
• Resort: has the meaning given it in section 157. See Minnesota Statutes 239.051
• Sample: means a sample of a petroleum product taken from a dispenser or storage tank by the division or a sample of a petroleum product provided to the division by a licensed distributor. See Minnesota Statutes 239.051
• seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
• Secretary: means the Minnesota secretary of state. See Minnesota Statutes 325K.01
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means a person who:

  (1) is the subject listed in a certificate;

  (2) accepts the certificate; and

  (3) holds a private key that corresponds to a public key listed in that certificate. See Minnesota Statutes 325K.01

• Suitable guaranty: means :

  (1) a surety bond or an irrevocable letter of credit issued for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or the customer of the letter of credit; or

  (2) a policy of insurance that provides that claims may be made and resolved without obtaining a qualified right to payment. See Minnesota Statutes 325K.01

• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• terminal: means a petroleum refinery, pipeline terminal, river terminal, storage facility, or other point of origin where liquefied petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or sold. See Minnesota Statutes 239.051
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustworthy system: means computer hardware and software that:

  (1) are reasonably secure from intrusion and misuse;

  (2) provide a reasonable level of availability, reliability, and correct operation; and

  (3) are reasonably suited to performing their intended functions. See Minnesota Statutes 325K.01

• 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}
• Valid certificate: means a certificate that:

  (1) a licensed certification authority has issued;

  (2) the subscriber listed in it has accepted;

  (3) has not been revoked or suspended; and

  (4) has not expired. See Minnesota Statutes 325K.01

• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.