Terms Used In Utah Code > Title 13 > Chapter 1a - Division of Corporations and Commercial Code

• Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
• Account: means an account in a qualified ABLE program. See Utah Code 35A-12-102
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Affected county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
• 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.
• Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
• Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
• 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
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• 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.
• Assistant director: means the assistant director who administers the program called the Division of Services for the Deaf and Hard of Hearing created in Section 35A-13-502. See Utah Code 35A-13-602
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with 5. See Utah Code 35A-16-401
• 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.
• Beneficiary: means the individual designated:

  (a)	in a 529 savings account agreement between a person, an estate, or a trust and the plan; and

  (b)

  to benefit from the amount saved in a 529 savings account. See Utah Code 35A-9-601 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 Blind: means an individual: (a)  whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or (b)  whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees. See Utah Code 35A-13-102 board: means the Interpreter Certification Board created in Section 35A-13-603. See Utah Code 35A-13-602 Board: means the School Readiness Board, created in Section 35A-15-201. See Utah Code 35A-15-102 Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501 Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701 Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602 Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-501 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701 Code blue event: means a weather event in which the National Weather Service predicts temperatures of 15 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours. See Utah Code 35A-16-701 Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102 Commencement of prosecution: means the filing of an information or an indictment. See Utah Code 77-2-2 Commission: means the State Tax Commission. See Utah Code 35A-9-601 Community location: means the same as that term is defined in Section 10-8-41. See Utah Code 35A-16-501 Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC Compensation: means money, money bonuses, overrides, prizes, or other real or personal property, tangible or intangible. See Utah Code 76-6a-101 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501 Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102 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. Council of governments: means the same as that term is defined in Section 72-2-117. See Utah Code 35A-16-501 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Deaf: means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 Dependent: A person dependent for support upon another. Deposit: means the payment of money from a source other than a match. See Utah Code 35A-9-601 Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102 Disability: means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning. See Utah Code 35A-13-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Diversion: means suspending criminal proceedings before conviction on the condition that a defendant agree to: (a)  participate in a rehabilitation program; (b)  pay restitution to a victim; or (c)  fulfill some other condition. See Utah Code 77-2-2 Economically disadvantaged: means to be eligible to receive free or reduced price lunch. See Utah Code 35A-15-102 Eligible home-based educational technology provider: means a provider that offers a home-based educational technology program to develop the school readiness skills of an eligible student. See Utah Code 35A-15-102 Eligible municipality: means : (a)  a first-tier eligible municipality; (b)  a second-tier eligible municipality; or (c)  a third-tier eligible municipality. See Utah Code 35A-16-401 Eligible private provider: means a child care program that: (i)  is licensed under 4; or (ii)  except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section 26B-2-405. See Utah Code 35A-15-102 Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401 Eligible shelter: means : (a)  for a first-tier eligible municipality, a homeless shelter that: (i)  has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office; (ii)  operates year-round; and (iii)  is not subject to restrictions that limit the hours, days, weeks, or months of operation; (b)  for a second-tier municipality, a homeless shelter that: (i)  has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office; (ii)  operates year-round; and (iii)  is not subject to restrictions that limit the hours, days, weeks, or months of operation; and (c)  for a third-tier eligible municipality, a homeless shelter that: (i)  (A)  has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and (B)  operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or (ii)  (A)  meets the definition of a homeless shelter under Section 35A-16-501; and (B)  increases capacity during a winter response period, as defined in Section 35A-16-501, in accordance with Subsection 35A-16-502(6)(a). See Utah Code 35A-16-401 Eligible student: means a student: (a)  (i)  who is age three, four, or five; and (ii)  is not eligible for enrollment under Subsection 53G-4-402(8); and (b)  (i)  (A)  who is economically disadvantaged; and (B)  whose parent or legal guardian reports that the student has experienced at least one risk factor; (ii)  is an English learner; or (iii)  is in foster care. See Utah Code 35A-15-102 Evaluation: means an evaluation conducted in accordance with Section 35A-15-303. See Utah Code 35A-15-102 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. Executive committee: means the executive committee of the homelessness council described in Section 35A-16-204. See Utah Code 35A-16-102 Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Federal earned income tax credit: means the federal earned income tax credit: (a)  described in Section 32, Internal Revenue Code; and (b)  that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year. See Utah Code 35A-9-601 First-tier eligible municipality: means a municipality that: (a)  is located within a county of the first or second class; (b)  as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; (c)  due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and (d)  is certified as a first-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-401 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. Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grant program: means the COVID-19 Homeless Housing and Services Grant Program established in Section 35A-16-602. See Utah Code 35A-16-601 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. Guardian: includes a person who:Utah Code 68-3-12.5 Hard of hearing: means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102 High quality school readiness program: means a preschool program that: (a)  is provided by an eligible LEA, eligible private provider, or eligible home-based educational technology provider; and (b)  meets the elements of a high quality school readiness program described in Section 35A-15-202. See Utah Code 35A-15-102 Highway: includes :Utah Code 68-3-12.5 HMIS: means an information technology system that: (a)  is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and (b)  meets the requirements of the United States Department of Housing and Urban Development. See Utah Code 35A-16-102 Homeless services budget: means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b). See Utah Code 35A-16-102 Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401 Homeless shelter: means a facility that: (a)  provides temporary shelter to individuals experiencing homelessness; (b)  operates year-round; and (c)  is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501 Homeless shelter: means a facility that provides temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-701 Homelessness council: means the Utah Homelessness Council created in Section 35A-16-204. See Utah Code 35A-16-102 House block equivalency file: means the electronic file designated as HB2005_BEF. See Utah Code 36-1-201.1 House shapefile: means the electronic shapefile that:Utah Code 36-1-201.1 Independent living rehabilitation services: means goods and services reasonably necessary to enable an individual with a severe disability to maintain or increase functional independence. See Utah Code 35A-13-102 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. Interpreter services: means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language. See Utah Code 35A-13-602 Investor: means a person that enters into a results-based contract to provide funding to a high quality school readiness program on the condition that the person will receive payment in accordance with Section 35A-15-402 if the high quality school readiness program meets the performance outcome measures included in the results-based contract. See Utah Code 35A-15-102 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. Kindergarten assessment: means the kindergarten entry assessment described in Section 53G-7-203. See Utah Code 35A-15-102 Kindergarten transition plan: means a plan that supports the smooth transition of a preschool student to kindergarten and includes communication and alignment among the preschool, program, parents, and K-12 personnel. See Utah Code 35A-15-102 LEA: means a school district or charter school. See Utah Code 35A-15-102 Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102 Match: means the monetary amount described in Subsection 35A-9-603(2). See Utah Code 35A-9-601 Municipality: means a city, town, or metro township. See Utah Code 35A-16-401 Municipality: means a city, town, or metro township. See Utah Code 35A-16-501 Municipality: means a city, town, or metro township. See Utah Code 35A-16-701 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. Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 35A-13-102 Office: means the Office of Homeless Services. See Utah Code 35A-16-102 Oversight: Committee review of the activities of a Federal agency or program. 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. Performance outcome measure: means : (a)  indicators, as determined by the board, on the school readiness assessment and the kindergarten assessment; or (b)  for a results-based contract, the indicators included in the contract. See Utah Code 35A-15-102 Person: includes a business trust, estate, trust, joint venture, or any other legal or commercial entity. See Utah Code 76-6a-101 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 35A-9-601 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: Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the Education Savings Incentive Program created in Section 35A-9-603. See Utah Code 35A-9-601 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public safety services: means law enforcement, emergency medical services, or fire protection. See Utah Code 35A-16-401 Pyramid scheme: means any sales device or plan under which a person gives consideration to another person in exchange for compensation or the right to receive compensation that is derived primarily from the introduction of other persons into the sales device or plan rather than from the sale of goods, services, or other property. See Utah Code 76-6a-101 Qualifying individual: means an individual who the department identifies as experiencing intergenerational poverty and who has not been disqualified from participating in the program for overclaiming a match in a previous year. See Utah Code 35A-9-601 Quorum: The number of legislators that must be present to do business. 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. Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2-2 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Results-based contract: means a contract that: (a)  is entered into in accordance with Section 35A-15-402; (b)  includes a performance outcome measure; and (c)  is between the board, a provider of a high quality school readiness program, and an investor. See Utah Code 35A-15-102 Risk factor: means : (a)  having a mother who was 18 years old or younger when the child was born; (b)  a member of a child's household is incarcerated; (c)  living in a neighborhood with high violence or crime; (d)  having one or both parents with a low reading ability; (e)  moving at least once in the past year; (f)  having ever been in foster care; (g)  living with multiple families in the same household; (h)  having exposure in a child's home to: (i)  physical abuse or domestic violence; (ii)  substance abuse; (iii)  the death or chronic illness of a parent or sibling; or (iv)  mental illness; (i)  the primary language spoken in a child's home is a language other than English; or (j)  having at least one parent who has not completed high school. See Utah Code 35A-15-102 Road: includes :Utah Code 68-3-12.5 School readiness assessment: means the same as that term is defined in Section 53E-4-314. See Utah Code 35A-15-102 Second-tier eligible municipality: means a municipality that: (a)  is located within a county of the third, fourth, fifth, or sixth class; (b)  as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; (c)  due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and (d)  is certified as a second-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-401 Senate block equivalency file: means the electronic file designated as SB2006S02_BEF. See Utah Code 36-1-101.1 Senate shapefile: means the electronic shapefile that:Utah Code 36-1-101.1 Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 36-1-101.1 Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 36-1-201.1 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Stabilization: means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. See Utah Code 35A-1-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 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. Steering committee: means the Utah Homeless Network Steering Committee created in Section 35A-16-206. See Utah Code 35A-16-102 Strategic plan: means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c). See Utah Code 35A-16-102 Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502. See Utah Code 35A-16-501 Targeted winter response bed count: means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office. See Utah Code 35A-16-501 task force: means a task force described in Section 35A-16-501. See Utah Code 35A-16-501 Temporary winter response shelter: means a facility that: (a)  provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and (b)  does not operate year-round. See Utah Code 35A-16-501 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Third-tier eligible municipality: means a municipality that: (a)  as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; and (b)  due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services. See Utah Code 35A-16-401 Tool: means the tool developed in accordance with Section 35A-15-303. See Utah Code 35A-15-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Visually impaired: means an individual with a diagnosed impairment of visual function that if not corrected constitutes a material limitation to normal activities or functioning. See Utah Code 35A-13-102 Vocational rehabilitation services: means goods and services reasonably necessary to enable an individual with a disability to obtain and retain employment. See Utah Code 35A-13-102 Winter response period: means the period beginning October 15 and ending April 30 of the following year. See Utah Code 35A-16-501 Winter response plan: means the plan described in Section 35A-16-502. See Utah Code 35A-16-501 Writing: includes :Utah Code 68-3-12.5