Terms Used In Rhode Island General Laws > Chapter 4-22 - Cat Identification Program

• 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.
• Agency: means the Rhode Island infrastructure bank as set forth in Rhode Island General Laws 23-19.16-2
• Agent: means an authorized person who acts on behalf of, or at the direction of, a manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a common or contract carrier or warehouse operator when acting in the usual and lawful course of the carrier's or warehouse operator's business. See Rhode Island General Laws 21-28-1.02
• 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.
• 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.
• 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
• Approved project: means any project approved by the agency for financial assistance;

  (3)  "Brownfield project" means a project proposed by a city, town, person or corporation that would provide for the remediation and/or development of a site within the state of Rhode Island defined as a brownfield site pursuant to § 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;

  (4)  "Corporation" means any corporate person, including, but not limited to, bodies politic and corporate, corporations, societies, associations, partnerships, limited liability companies, sole proprietorships and subordinate instrumentalities of any one or more political subdivisions of the state;

  (5)  "Department" means, for purposes of this chapter, the department of environmental management;

  (6)  "Eligible borrower" or "borrower" means a person, corporation, city, town, or other political subdivision or instrumentality of the state;

  (7)  "Eligible project" means a brownfield project, or portion of a brownfield project, that meets the project evaluation criteria;

  (8)  "Financial assistance" means any form of financial assistance provided by the agency to an eligible borrower in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, temporary and permanent loans, with or without interest, grants, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;

  (9)  "Person" means any natural person;

  (10)  "Project evaluation criteria" means the criteria used by the department to evaluate and rank eligible projects and shall include the extent to which the project generates economic benefits, the extent to which the project would be able to proceed, the cost effectiveness of the project; and

  (11)  "Revolving fund" means the brownfields revolving fund established under this chapter. See Rhode Island General Laws 23-19.16-2

• Arrest: Taking physical custody of a person by lawful authority.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• chemicals of potential concern for vapor intrusion: means those chemicals that the U. See Rhode Island General Laws 23-19.14-4
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• conceptual site model: means a written and/or illustrative representation of the physical, chemical and biological processes that control the transport, migration and actual or potential impacts of hazardous materials in soil, air, groundwater, surface water and/or sediments to human and/or ecological receptors at a site. See Rhode Island General Laws 23-19.14-4
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery: means the actual, constructive, or attempted transfer of a controlled substance or imitation controlled substance, whether or not there exists an agency relationship. See Rhode Island General Laws 21-28-1.02
• Department: means the department of health of this state. See Rhode Island General Laws 21-28-1.02
• Department: means the department of environmental management. See Rhode Island General Laws 23-19.18-2
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of health. See Rhode Island General Laws 21-28-1.02
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribute: means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. See Rhode Island General Laws 21-28-1.02
• Environmental justice focus areas: means as defined by the DEM in SOP Number BEP-AWC-1, effective 6/26/09 and entitled, "Policy for Considering Environmental Justice in the Review of Investigation and Remediation of Contaminated Properties" that states in part "DEM mapped areas where the percent of the block group that is minority or the percent of the block group that is low-income (under two (2) times federal poverty level) are high enough to rank in the top fifteen percent (15%) of block groups state-wide. See Rhode Island General Laws 23-19.17-1
• Environmental justice municipality: means any city or town that has, in whole or in part, one or more environmental justice focus areas. See Rhode Island General Laws 23-19.17-1
• 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}
• 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.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Grantor: The person who establishes a trust and places property into it.
• 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.
• hazardous materials: means any materials defined as hazardous materials pursuant to Rhode Island General Laws 23-19.14-4
• High-heat medical waste processing facility: means a facility that:

  (i)  Generates electricity from the combustion, gasification, or pyrolysis of regulated medical waste;

  (ii)  Generates electricity from the combustion of fuel derived from the gasification or pyrolysis of solid waste, segregated regulated medical waste; or

  (iii)  Disposes of, processes, or treats regulated medical waste through combustion, gasification, pyrolysis, or any process that exposes waste to temperatures above four hundred degrees Fahrenheit (400°F). See Rhode Island General Laws 23-19.17-1

• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• 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.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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.
• landfill: means for the purposes of this section, any portion of a parcel of property that was used as a landfill as defined in Rhode Island General Laws 23-19.14-4
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• magistrate: may be construed to mean a justice, or a clerk acting as a justice, of a district court. See Rhode Island General Laws 43-3-16
• Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
• 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.
• Open space: means as defined in Rhode Island General Laws 23-19.17-1
• 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 be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: means any corporation, association, partnership, or one or more individuals. See Rhode Island General Laws 21-28-1.02
• Personal property: All property that is not real property.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recyclable paper bag: means a paper bag that is one hundred percent (100%) recyclable including the handles, contains at least forty percent (40%) post-consumer paper content, and displays the words "Recyclable" and the percentage of post-consumer paper content in a visible manner on the outside of the bag. See Rhode Island General Laws 23-19.18-2
• Regulated medical waste: means as defined in Rhode Island General Laws 23-19.17-1
• 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.
• Retail sales establishment: means any licensed enterprise where the sale or transfer to a customer of goods in exchange for payment occurs in a retail store, flea market, restaurant, or other food service establishment. See Rhode Island General Laws 23-19.18-2
• Reusable bag: means a bag with handles that are stitched and is specifically designed and manufactured for one hundred twenty-five (125) or more reuses, and is made primarily of washable cloth, other durable woven or nonwoven fabric, polyester, polypropylene, or other durable plastic with a minimum thickness of four (4. See Rhode Island General Laws 23-19.18-2
• school: means any residential or nonresidential school building, public, private or charter, of any city or town or community educational system regulated, directly or secondarily, by the council on elementary and secondary education or the department of elementary and secondary education or any other state education board or local city or town school board or school committee or other legal educational subdivision acting under it. See Rhode Island General Laws 23-19.14-4
• Sell: includes sale, barter, gift, transfer, or delivery in any manner to another, or to offer or agree to do the same. See Rhode Island General Laws 21-28-1.02
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Single-use plastic checkout bag: means a carryout bag that is provided to the customer at the point of sale for the purpose of transporting groceries or other retail goods, and is made from compostable or non-compostable plastic and not specifically designed and manufactured for multiple re-use. See Rhode Island General Laws 23-19.18-2
• solid waste: means any materials defined as solid waste pursuant to Rhode Island General Laws 23-19.14-4
• source area: means the horizontal and vertical extent of natural or man-made media impacted by a release of hazardous materials or causing a release of hazardous materials at concentrations in excess of the numerical objectives developed pursuant to paragraph (a) of this section. See Rhode Island General Laws 23-19.14-4
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• vadose zone: means the full extent of the soil column existing above the elevation of groundwater. See Rhode Island General Laws 23-19.14-4
• Verdict: The decision of a petit jury or a judge.