Part 1 General Provisions 16-6a-101 – 16-6a-119
Part 2 Incorporation 16-6a-201 – 16-6a-207
Part 3 Purposes And Powers 16-6a-301 – 16-6a-304
Part 4 Name 16-6a-401 – 16-6a-403
Part 6 Members 16-6a-601 – 16-6a-613
Part 7 Member Meetings and Voting 16-6a-701 – 16-6a-718
Part 8 Directors and Officers 16-6a-801 – 16-6a-826
Part 9 Indemnification 16-6a-901 – 16-6a-910
Part 10 Amendment of Articles of Incorporation and Bylaws 16-6a-1001 – 16-6a-1014
Part 11 Merger 16-6a-1101 – 16-6a-1105
Part 12 Sale of Property 16-6a-1201 – 16-6a-1202
Part 13 Distributions 16-6a-1301 – 16-6a-1302
Part 14 Dissolution 16-6a-1401 – 16-6a-1419
Part 15 Foreign Nonprofit Corporations 16-6a-1501 – 16-6a-1518
Part 16 Records, Information, and Reports 16-6a-1601 – 16-6a-1610
Part 17 Transitional Provisions and Scope of Chapter 16-6a-1701 – 16-6a-1705

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Terms Used In Utah Code > Title 16 > Chapter 6a - Utah Revised Nonprofit Corporation Act

  • abandoned horse: as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. See Utah Code 47-2-1
  • Abandoned waste tire pile: means a waste tire pile regarding which the local department of health has not been able to:
    (a) locate the persons responsible for the tire pile; or
    (b) cause the persons responsible for the tire pile to remove the tire pile. See Utah Code 19-6-803
  • Abatement action: includes control of the source of the contamination. See Utah Code 19-6-302
  • Abatement action: means action taken to limit, reduce, mitigate, or eliminate:
    (a) a release from a petroleum storage tank; or
    (b) the damage caused by that release. See Utah Code 19-6-402
  • Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and:
    (a) 
    (i) has attached underground piping; or
    (ii) rests directly on the ground;
    (b) contains regulated substances;
    (c) has the capacity to hold 501 gallons or more; and
    (d) is not:
    (i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
    (ii) used for heating oil for consumptive use on the premises where stored;
    (iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget;
    (iv) directly related to oil or gas production and gathering operations; or
    (v) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102. See Utah Code 19-6-402
  • Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
  • Account owner: means a person, estate, or trust, if that person, estate, or trust has entered into an account agreement under this chapter to save for the higher education costs on behalf of a beneficiary. See Utah Code 53B-8a-102
  • Active voter: means a registered voter who has not been classified as an inactive voter by the county clerk. See Utah Code 20A-1-102
  • Address: includes :
    (i) a post office box number;
    (ii) a rural free delivery route number; and
    (iii) a street name and number. See Utah Code 16-6a-102
  • Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
  • Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advanced recycling: means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including:
    (i) pyrolysis;
    (ii) gasification;
    (iii) depolymerization;
    (iv) catalytic cracking;
    (v) reforming;
    (vi) hydrogenation;
    (vii) solvolysis; or
    (viii) chemolysis. See Utah Code 19-6-502
  • Advanced recycling facility: means a manufacturing facility:
    (a) that is registered with the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d);
    (b) that receives, stores, and converts post-use polymers or recovered feedstock using advanced recycling;
    (c) that is subject to applicable Department of Environmental Quality manufacturing regulations for air, water, waste, and land use; and
    (d) for which the feedstock received by the manufacturing facility is source-separated, diverted, or recovered from municipal or other waste streams prior to acceptance at the facility. See Utah Code 19-6-502
  • Advanced recycling product: means a recycled product produced at an advanced recycling facility, including:
    (a) a monomer;
    (b) an oligomer;
    (c) a plastic;
    (d) a chemical feedstock;
    (e) a basic and unfinished chemical;
    (f) a wax;
    (g) a lubricant;
    (h) a coating; or
    (i) an adhesive. See Utah Code 19-6-502
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: means "agent" as defined in Section 61-1-13. See Utah Code 51-7-3
  • agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
    (i) another domestic or foreign corporation;
    (ii) another person; or
    (iii) an employee benefit plan. See Utah Code 16-6a-901
  • Agent of a reporting entity: means :
    (a) a person acting on behalf of a reporting entity at the direction of the reporting entity;
    (b) a person employed by a reporting entity in the reporting entity's capacity as a reporting entity;
    (c) the personal campaign committee of a candidate or officeholder;
    (d) a member of the personal campaign committee of a candidate or officeholder in the member's capacity as a member of the personal campaign committee of the candidate or officeholder; or
    (e) a political consultant of a reporting entity. See Utah Code 20A-11-101
  • Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
  • Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
  • 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.
  • Ammunition: means a bullet, a cartridge case, primer, propellant powder, or other ammunition designed for use in any firearm, either as an individual component part or in a completely assembled cartridge. See Utah Code 53-5d-102
  • Amortization: Paying off a loan by regular installments.
  • Animal: means a cat or dog. See Utah Code 11-46-102
  • Animal control officer: means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals. See Utah Code 11-46-102
  • Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102
  • Annual financial report: means a comprehensive annual financial report or similar financial report required by Section 51-2a-201. See Utah Code 11-50-102
  • Annual maintenance utility: means a tool within the system that:
    (a) is designed to comply with Section 20A-2-504;
    (b) a county clerk is required to run on an annual basis; and
    (c) identifies each inactive voter and each voter to be removed from the voter registration database. See Utah Code 20A-2-501
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Applicable office: means the office held by the subject officer. See Utah Code 20A-1-901
  • Applicant: means the person:
    (a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
    (b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
  • Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
  • Appointee: means an employee whose salary, wages, pay, or compensation is paid from public funds. See Utah Code 52-3-1
  • Apprenticeship program: means a program that:
    (a) combines paid on-the-job learning with formal classroom instruction to prepare students for careers; and
    (b) includes:
    (i) structured on-the-job learning for students under the supervision of a skilled employee;
    (ii) classroom instruction for students related to the on-the-job learning;
    (iii) ongoing student assessments using established competency and skills standards; and
    (iv) the student receiving an industry-recognized credential or degree upon completion of the program. See Utah Code 53B-34-101
  • 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
  • Appropriation: means a legislative authorization to make expenditures and to incur obligations for specific purposes. See Utah Code 51-5-3
  • Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assumed corporate name: means a name assumed for use in this state:
    (a) by a:
    (i) foreign corporation pursuant to Section 16-10a-1506; or
    (ii) a foreign nonprofit corporation pursuant to Section 16-6a-1506; and
    (b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102
  • 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.
  • Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on ballots and tabulates the results. See Utah Code 20A-1-102
  • Auxiliary officer: means a sworn, certified, and supervised special function officer, as described by Section 53-13-112. See Utah Code 53-13-101
  • Bad faith: means that a person files a petition described in Subsection 20A-1-803(1):
    (a) under circumstances where a reasonable person would not believe that the allegations are true; or
    (b) 
    (i) within 60 days before an election that the candidate to which the petition relates will appear on the ballot; and
    (ii) under circumstances where a reasonable person would not believe that the allegations constitute a significant violation of a provision of this title. See Utah Code 20A-1-802
  • 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.
  • Bail bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:
    (a) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
    (b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 53-11-102
  • Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
    (a) is appointed by a bail bond surety; and
    (b) receives or is promised money or other things of value for this service. See Utah Code 53-11-102
  • Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
    (a) presenting a defendant for required court appearances;
    (b) apprehending or surrendering a defendant to a court; or
    (c) keeping the defendant under necessary surveillance. See Utah Code 53-11-102
  • Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
    (a) has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
    (b) is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
    (a) an opinion question specifically authorized by the Legislature;
    (b) a constitutional amendment;
    (c) an initiative;
    (d) a referendum;
    (e) a bond proposition;
    (f) a judicial retention question;
    (g) an incorporation of a city or town; or
    (h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
  • Ballot proposition: means constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, bond approvals, or other questions submitted to the voters for their approval or rejection. See Utah Code 20A-11-1202
  • Ballot proposition: includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953. See Utah Code 20A-11-101
  • 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.
  • Beneficial use: includes the use of chipped tires:
    (i) as daily landfill cover;
    (ii) for civil engineering purposes;
    (iii) as low-density, light-weight aggregate fill; or
    (iv) for septic or drain field construction. See Utah Code 19-6-803
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
  • Board: means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances. See Utah Code 19-6-601
  • Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
  • Board: means the Waste Management and Radiation Control Board, as defined in Section 19-1-106, within the Department of Environmental Quality. See Utah Code 19-6-902
  • Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-1102
  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-202
  • Board: means the State Board of Education. See Utah Code 20A-14-101.1
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
  • Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
  • Board block equivalency file: means the electronic file designated as SB2005S07_BEF. See Utah Code 20A-14-101.1
  • Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Board shapefile: means the electronic shapefile that:Utah Code 20A-14-101.1
  • Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402
  • Bona fide prospective purchaser: has the meaning given in 42 U. See Utah Code 19-6-302
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • Bonds: means the bonds authorized to be issued by the board under this chapter, and may consist of bonds, notes, or debt obligations evidencing an obligation to repay borrowed money and payable solely from revenues and other money of the board pledged for repayment. See Utah Code 53B-13-102
  • bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
  • Budget officer: means :
    (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
    (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
    (c) for a town, the town council; or
    (d) for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located. See Utah Code 20A-7-101
  • Budgetary accounts: means those accounts necessary to reflect budgetary operations and conditions, such as estimated revenues, appropriations, and encumbrances. See Utah Code 51-5-3
  • Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-11-102
  • Business reply mail envelope: means an envelope that may be mailed free of charge by the sender. See Utah Code 20A-1-102
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Candidate: means any person who:
    (a) files a declaration of candidacy for a public office; or
    (b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
  • Candidate amplifier: means the product of:
    (a) two less than the total number of candidates in a given ballot-counting phase of a multi-candidate race; and
    (b) . See Utah Code 20A-4-601
  • Candidates for elective office: means persons who file a declaration of candidacy under Section 20A-9-202 to run in a regular general election for a federal office, constitutional office, multicounty office, or county office. See Utah Code 20A-9-101
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • Canvassing judge: means a poll worker designated to assist in counting ballots at the canvass. See Utah Code 20A-1-102
  • Capital asset: means an asset that:
    (a) is a significant investment or an essential component necessary to provide a wastewater service, including:
    (i) a facility;
    (ii) infrastructure, whether above or below ground level;
    (iii) equipment; or
    (iv) a communications network; and
    (b) is owned by a wastewater service provider. See Utah Code 19-5-201
  • Career and technical education region: means an economic service area created in Section 35A-2-101. See Utah Code 53B-34-101
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • CERCLA: means 42 U. See Utah Code 19-6-302
  • Certificate of compliance: means a certificate issued to a facility by the director:
    (a) demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and
    (b) listing petroleum storage tanks at the facility, specifying:
    (i) which tanks may receive petroleum; and
    (ii) which tanks have not met the requirements for compliance. See Utah Code 19-6-402
  • Certificate of registration: means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has:
    (a) registered the tanks; and
    (b) paid the annual tank fee. See Utah Code 19-6-402
  • Certified: means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council. See Utah Code 53-13-101
  • Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
  • Certified dealer: means :
    (a) a primary reporting dealer recognized by the Federal Reserve Bank of New York who is certified by the director as having met the applicable criteria of council rule; or
    (b) a broker dealer who:
    (i) has and maintains an office and a resident registered principal in the state;
    (ii) meets the capital requirements established by council rules;
    (iii) meets the requirements for good standing established by council rule; and
    (iv) is certified by the director as meeting quality criteria established by council rule. See Utah Code 51-7-3
  • Certified decontamination specialist: means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). See Utah Code 19-6-902
  • Certified investment adviser: means a federal covered adviser, as defined in Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by the director as having met the applicable criteria of council rule. See Utah Code 51-7-3
  • Certified petroleum storage tank consultant: means a person who:
    (i) for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to underground storage tank release:
    (A) management;
    (B) abatement;
    (C) investigation;
    (D) corrective action; or
    (E) evaluation;
    (ii) has submitted an application to the director;
    (iii) received a written statement of certification from the director; and
    (iv) meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). See Utah Code 19-6-402
  • Chief administrative officer: means the chief administrative officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
  • Chief administrative officer: means the person who has ultimate responsibility for the operation of the department or agency of the state or a political subdivision. See Utah Code 52-3-1
  • Chief election officer: means :
    (a) the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; and
    (b) the county clerk for local school board candidates. See Utah Code 20A-11-101
  • Chief financial officer: means the chief financial officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means an individual who:
    (a) is a natural or adopted child of a deceased peace officer or deceased firefighter; and
    (b) was under the age of 25 at the time of the peace officer's or firefighter's death. See Utah Code 53B-8c-102
  • chipped tire: means a two inch square or smaller piece of a waste tire. See Utah Code 19-6-803
  • Circulation: means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. See Utah Code 20A-7-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
  • Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. See Utah Code 19-6-302
  • Clearly identified: means :
    (a) the name of the candidate appears;
    (b) a photograph or drawing of the candidate appears; or
    (c) the identity of the candidate or ballot proposition is apparent by unambiguous reference. See Utah Code 20A-11-1702
  • Clerk: includes a board of trustees under Title 17B, Chapter 1, Provisions Applicable to All Special Districts. See Utah Code 20A-1-1001
  • Closed: means a petroleum storage tank that is no longer in use that has been:
    (a) emptied and cleaned to remove the liquids and accumulated sludges; and
    (b) 
    (i) removed along with all underground components; or
    (ii) filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402
  • Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
  • Collateral duty: means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position. See Utah Code 53-13-101
  • Commercial interlocal cooperation agency: means an interlocal cooperation agency that receives its revenues from conduct of its commercial operations. See Utah Code 20A-11-1202
  • Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
  • Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
  • Commission: means the Utah Independent Redistricting Commission created in Section 20A-20-201. See Utah Code 20A-20-102
  • Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 53B-34-101
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Commissioner: means the commissioner of higher education appointed in accordance with Section 53B-1-408. See Utah Code 53B-1-101.5
  • Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
  • Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
  • Committee: means the Legislature's redistricting committee. See Utah Code 20A-20-102
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Community cat: means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped. See Utah Code 11-46-302
  • Community cat caretaker: means any person other than an owner who provides food, water, or shelter to a community cat or community cat colony. See Utah Code 11-46-302
  • Community cat colony: means a group of cats that congregate together. See Utah Code 11-46-302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completion: means , regarding property covered by an agreement:
    (a) no further response actions are necessary; or
    (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
  • Computer: includes the following permanently affixed to or incorporated into a device described in Subsection (2)(a):
    (i) a cable cord;
    (ii) permanent wiring;
    (iii) a central processing unit; or
    (iv) a monitor. See Utah Code 19-6-1202
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conflict of interest: means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or an individual or entity that the officeholder is required to disclose under the provisions of this section, if that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder's profession, occupation, or association generally. See Utah Code 20A-11-1602
  • Conflict of interest disclosure: means a disclosure, on the website, of all information required under Section 20A-11-1604. See Utah Code 20A-11-1602
  • Congressional block equivalency file: means the electronic file designated as HB2004_BEF. See Utah Code 20A-13-101.1
  • Congressional shapefile: means the electronic shapefile that:Utah Code 20A-13-101.1
  • Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
  • Consumer: includes a person who purchases a new tire for a motor vehicle to be rented or leased. See Utah Code 19-6-803
  • Consumer: means a person who owns or uses a covered electronic device that is purchased primarily for personal or home business use. See Utah Code 19-6-1202
  • Consumer electronic device: means the following products sold to a consumer:
    (a) a computer;
    (b) a computer peripheral;
    (c) a television; or
    (d) a television peripheral. See Utah Code 19-6-1202
  • Contaminant: means :
    (a) hazardous materials as defined in Section 19-6-302;
    (b) hazardous substance as defined in Section 19-6-302;
    (c) hazardous waste as defined in Section 19-6-102;
    (d) hazardous waste constituent listed in 40 C. See Utah Code 19-8-102
  • contamination: means :
    (a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or
    (b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. See Utah Code 19-6-902
  • Contamination list: means a list maintained by the local health department of properties:
    (a) reported to the local health department under Section 19-6-903; and
    (b) determined by the local health department to be contaminated. See Utah Code 19-6-902
  • Contiguous property owner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing political party: means an organization of voters that:
    (a) participated in the last regular general election; and
    (b) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election. See Utah Code 20A-8-101
  • Continuing political party: means the same as that term is defined in Section 20A-8-101. See Utah Code 20A-9-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
  • Contribution: means any of the following when done for political purposes:
    (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the judge or the judge's personal campaign committee;
    (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the judge or the judge's personal campaign committee;
    (iii) any transfer of funds from another reporting entity or a corporation to the judge or the judge's personal campaign committee;
    (iv) compensation paid by any person or reporting entity other than the judge or the judge's personal campaign committee for personal services provided without charge to the judge or the judge's personal campaign committee; and
    (v) goods or services provided to or for the benefit of the judge or the judge's personal campaign committee at less than fair market value. See Utah Code 20A-12-301
  • Contribution: means any of the following when done for political purposes:
    (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
    (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
    (iii) any transfer of funds from another reporting entity to the filing entity;
    (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
    (v) remuneration from:
    (A) any organization or its directly affiliated organization that has a registered lobbyist; or
    (B) any agency or subdivision of the state, including school districts;
    (vi) a loan made by a candidate deposited to the candidate's own campaign; and
    (vii) in-kind contributions. See Utah Code 20A-11-101
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended. See Utah Code 53-11-102
  • cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
  • Coordinated with: means that goods or services provided for the benefit of a political entity are provided:
    (a) with the political entity's prior knowledge, if the political entity does not object;
    (b) by agreement with the political entity;
    (c) in coordination with the political entity; or
    (d) using official logos, slogans, and similar elements belonging to a political entity. See Utah Code 20A-11-101
  • Corporate name: means :
    (a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
    (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
    (c) the name of a foreign corporation as stated in the foreign corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation; or
    (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
  • Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-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.
  • Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for political purposes. See Utah Code 20A-12-301
  • Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for:
    (i) the purpose of expressly advocating for political purposes; or
    (ii) the purpose of expressly advocating the approval or the defeat of any ballot proposition. See Utah Code 20A-11-101
  • Correctional facility: means the same as that term is defined in Section 77-16b-102. See Utah Code 53-18-102
  • Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following:
    (a) cleanup or removal of the release;
    (b) containment or isolation of the release;
    (c) treatment of the release;
    (d) correction of the cause of the release;
    (e) monitoring and maintenance of the site of the release;
    (f) provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or
    (g) temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. See Utah Code 19-6-402
  • Cost of attendance: includes costs payable to the institution, other direct educational expenses, transportation, and living expenses while attending the institution. See Utah Code 53B-13a-102
  • Cost of attendance: includes tuition, costs payable to the eligible institution, and other direct educational expenses related to taking an online course. See Utah Code 53B-13c-101
  • Costs: means money expended for:
    (a) investigation;
    (b) abatement action;
    (c) corrective action;
    (d) judgments, awards, and settlements for bodily injury or property damage to third parties;
    (e) legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or
    (f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101
  • Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
  • Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102
  • Counting room: means a suitable and convenient private place or room for use by the poll workers and counting judges to count ballots. See Utah Code 20A-1-102
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
  • County officers: means those county officers that are required by law to be elected. See Utah Code 20A-1-102
  • County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the county political party, are members of the registered political party. See Utah Code 20A-8-101
  • County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the political party, are members of the registered political party. See Utah Code 20A-11-101
  • County political party officer: means a person whose name is required to be submitted by a county political party to the lieutenant governor in accordance with Section 20A-8-402. See Utah Code 20A-11-101
  • Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402
  • Covered voter: means an individual who:
    (a) satisfies Utah's voter eligibility requirements that do not relate to residency;
    (b) is not registered to vote in a state other than Utah;
    (c) is absent from the United States on the day of the election; and
    (d) 
    (i) is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:
    (A) is a uniformed service voter; or
    (B) temporarily resides outside the United States;
    (ii) is a foreign United States citizen who:
    (A) before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and
    (B) did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or
    (iii) is a foreign United States citizen:
    (A) who has never registered to vote in a state other than Utah;
    (B) who has never established a principal place of residence in the United States; and
    (C) whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102
  • Crime scene investigator technician: means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents. See Utah Code 53-21-101
  • Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Database: means the statewide voter registration database, described in Subsection 20A-2-502(1)(a) that:
    (a) is maintained and updated via the system; and
    (b) uses information relative to voter registration and voting, including information that is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another state. See Utah Code 20A-2-501
  • Decennial year: means a year during which the United States Bureau of Census conducts a national decennial census. See Utah Code 20A-20-102
  • Decontaminated: means property that at one time was contaminated, but the contaminants have been removed. See Utah Code 19-6-902
  • 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.
  • Defendant: means each person against whom an allegation is made in the verified petition described in Subsection 20A-1-803(1). See Utah Code 20A-1-802
  • degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5
  • Delegate: means a person elected or appointed to vote in a representative assembly:
    (a) for the election of a director; or
    (b) on matters other than the election of a director. See Utah Code 16-6a-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Department: means the Department of Public Safety. See Utah Code 53-21-101
  • Department: means the Department of Public Safety. See Utah Code 53B-8c-102
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Department: means the Department of Public Safety. See Utah Code 53-11-102
  • Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102
  • Dependent: A person dependent for support upon another.
  • Detailed listing: means :
    (a) for each contribution:
    (i) the name and address of the individual or source making the contribution, to the extent that the name or address of the individual or source is known;
    (ii) the amount or value of the contribution; and
    (iii) the date the contribution was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the person or entity to whom it was disbursed;
    (iii) the specific purpose, item, or service acquired by the expenditure; and
    (iv) the date the expenditure was made. See Utah Code 20A-12-301
  • Detailed listing: means :
    (a) for each contribution or public service assistance:
    (i) the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;
    (ii) the amount or value of the contribution or public service assistance; and
    (iii) the date the contribution or public service assistance was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the goods or services acquired by the expenditure; and
    (iii) the date the expenditure was made. See Utah Code 20A-11-101
  • Devise: To gift property by will.
  • Direct supervision: means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:
    (a) takes responsibility for and assigns the work a bail recovery apprentice may conduct; and
    (b) closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work. See Utah Code 53-11-102
  • Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
  • Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-13-101
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-601
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-1102
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
  • Director: means :
    (a) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
    (b) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
  • Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
  • Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
  • Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
  • Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
  • Discharge permit: means a permit issued to a person who:
    (a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or
    (b) generates or manages sewage sludge. See Utah Code 19-5-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discretionary voter registration agency: means each office designated by the county clerk to provide voter registration forms to the public. See Utah Code 20A-2-300.5
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 53-18-102
  • Disposable earnings: means the part of an employee's earnings remaining after the deduction of all amounts required by law to be withheld. See Utah Code 53B-15-101
  • Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
  • Disposal: means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. See Utah Code 19-6-202
  • Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
  • Dispose of: means to deposit, dump, or permanently place waste tire in or on land or in water in the state. See Utah Code 19-6-803
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
    (i) members;
    (ii) directors; or
    (iii) officers. See Utah Code 16-6a-102
  • Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
  • Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-13-101
  • Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
  • Division: means the Division of Child and Family Services. See Utah Code 53B-8d-102
  • Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-1102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
  • Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402
  • domestic corporation: means a corporation for profit that:
    (a) is not a foreign corporation; and
    (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
  • domestic nonprofit corporation: means an entity that:
    (a) is not a foreign nonprofit corporation; and
    (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • Donor: The person who makes a gift.
  • Donor: means a person that gives money, including a fee, due, or assessment for membership in the corporation, to a corporation without receiving full and adequate consideration for the money. See Utah Code 20A-11-101
  • Duplicate voter utility: means a tool within the system that runs a set of queries to identify potential duplicate voter records. See Utah Code 20A-2-501
  • Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402
  • Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102
  • Elected official: means :
    (a) a person elected to an office under Section 20A-1-303 or 6;
    (b) a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or
    (c) a person who is considered to be elected to a special district office in accordance with Subsection 20A-1-206(3)(b)(ii). See Utah Code 20A-1-102
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Election: means each:
    (a) regular general election;
    (b) regular primary election; and
    (c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
  • Election Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. See Utah Code 20A-1-102
  • Election cycle: means the period beginning on the first day persons are eligible to file declarations of candidacy and ending when the canvass is completed. See Utah Code 20A-1-102
  • Election day voting center: means a polling place designated by an election officer to provide for voting on election day for an individual who:
    (a) is eligible to vote; and
    (b) resides within the political subdivision holding the election. See Utah Code 20A-3a-701
  • Election judge: means a poll worker that is assigned to:
    (a) preside over other poll workers at a polling place;
    (b) act as the presiding election judge; or
    (c) serve as a canvassing judge, counting judge, or receiving judge. See Utah Code 20A-1-102
  • Election officer: means :
    (a) the lieutenant governor, for all statewide ballots and elections;
    (b) the county clerk for:
    (i) a county ballot and election; and
    (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
  • Election results: means :
    (a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or
    (b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. See Utah Code 20A-1-102
  • Electioneering communication: means a communication that:
    (a) has at least a value of $10,000;
    (b) clearly identifies a candidate or judge; and
    (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly identified candidate's or judge's election date. See Utah Code 20A-11-101
  • Electronic candidate qualification process: means :
    (a) as it relates to a registered political party that is not a qualified political party, the process for gathering signatures electronically to seek the nomination of a registered political party, described in:
    (i) Section 20A-9-403;
    (ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and
    (iii) Section 20A-21-201; and
    (b) as it relates to a qualified political party, the process, for gathering signatures electronically to seek the nomination of a registered political party, described in:
    (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
    (ii) Section 20A-9-408; and
    (iii) Section 20A-21-201. See Utah Code 20A-9-101
  • Electronic initiative process: means :
    (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
    (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
  • Electronic referendum process: means :
    (a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or
    (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
  • Eligible borrower: means a person, or the parent of a person, who is eligible to borrow under regulations applicable to the student loan program. See Utah Code 53B-13-102
  • Eligible institution: means an institution which is approved by the board and the United States Secretary of Education for purposes of the guaranteed loan program. See Utah Code 53B-13-102
  • Eligible institution: means an institution that offers a postsecondary level course of instruction using digital technology. See Utah Code 53B-13c-101
  • Eligible program: means a collection, reuse, or recycling system for a consumer electronic device, including:
    (a) a system by which a manufacturer, manufacturer's designee, or other private entity offers a consumer an option to return a consumer electronic device by mail;
    (b) a system using a physical collection site that a manufacturer, manufacturer's designee, or other private or public entity provides for a consumer to return a covered consumer electronic device; or
    (c) a system that uses a collection event held by a manufacturer, manufacturer's designee, or other private or public entity at which a consumer may return a consumer electronic device. See Utah Code 19-6-1202
  • Eligible student: means a financially needy student who is:
    (i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at least a half-time basis, as defined by the board, in an eligible postsecondary program leading to a defined education or training objective, as defined by the board;
    (ii) making satisfactory academic progress, as defined by the institution in published policies or rules, toward an education or training objective; and
    (iii) 
    (A) a resident student under Section 53B-8-102 and rules of the board; or
    (B) exempt from paying the nonresident portion of total tuition under Section 53B-8-106. See Utah Code 53B-13a-102
  • Eligible student: means a financially needy student who is:
    (a) at least 26 years old;
    (b) enrolled in an online course at an eligible institution;
    (c) pursuing:
    (i) an online postsecondary degree program in a field where there is a demonstrated industry need; or
    (ii) an online non-degree program that is designed to meet industry needs and leads to a certificate or another recognized educational credential; and
    (d) a resident student under Section 53B-8-102 and rules the board establishes. See Utah Code 53B-13c-101
  • Eligible voter: means a legal voter who resides in the jurisdiction of the county, city, or town that is holding an election on a ballot proposition. See Utah Code 20A-7-101
  • Emergency action: means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare. See Utah Code 53-11-102
  • Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
  • Encumbrances: means obligations in the form of purchase orders, contracts, or salary commitments that are chargeable to an appropriation and for which a part of the appropriation is reserved. See Utah Code 51-5-3
  • Endowment funds: means gifts, devises, or bequests of property of any kind donated to a higher education institution from any source. See Utah Code 51-7-3
  • Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. See Utah Code 19-6-302
  • 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.
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • Entity: means a corporation, a partnership, a limited liability company, a limited partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint venture, a governmental entity, an unincorporated organization, or any other legal entity, regardless of whether it is established primarily for the purpose of gain or economic profit. See Utah Code 20A-11-1602
  • Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
  • Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103
  • Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103
  • Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Expenditure: means :
    (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
    (b) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value;
    (c) a transfer of funds between a public entity and a candidate's personal campaign committee;
    (d) a transfer of funds between a public entity and a political issues committee; or
    (e) goods or services provided to or for the benefit of a candidate, a candidate's personal campaign committee, or a political issues committee for political purposes at less than fair market value. See Utah Code 20A-11-1202
  • Expenditure: means :
    (i) any disbursement from contributions or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
    (iv) compensation paid by a corporation or reporting entity for personal services rendered by a person without charge to the judge or the judge's personal campaign committee;
    (v) a transfer of funds between the judge's personal campaign committee and another judge's personal campaign committee; or
    (vi) goods or services provided by the judge's personal campaign committee to or for the benefit of another judge for political purposes at less than fair market value. See Utah Code 20A-12-301
  • Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
    (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
    (v) a transfer of funds between the filing entity and a candidate's personal campaign committee;
    (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
    (vii) an independent expenditure, as defined in Section 20A-11-1702. See Utah Code 20A-11-101
  • Expenditures: means decreases in net financial resources from other than interfund transfers, refundings of general long-term capital debt, and other items indicated by GASB. See Utah Code 51-5-3
  • Expenses: includes attorneys' fees. See Utah Code 16-6a-901
  • Facility: means :
    (i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
    (ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
  • Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402
  • 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 office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
  • Federal office: means the office of president of the United States, United States Senator, or United States Representative. See Utah Code 20A-11-101
  • Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102
  • Federal program: means a veterans educational assistance program established in:
    (a) United States Code, Title 10, Chapter 1606, Educational Assistance for Members of the Selected Reserve;
    (b) United States Code, Title 38, Chapter 30, All-Volunteer Force Educational Assistance Program;
    (c) United States Code, Title 38, Chapter 31, Training and Rehabilitation for Veterans with Service-Connected Disabilities;
    (d) United States Code, Title 38, Chapter 32, Post-Vietnam Era Veterans' Educational Assistance; or
    (e) United States Code, Title 38, Chapter 33, Post-9/11 Educational Assistance. See Utah Code 53B-13b-102
  • Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102
  • Fees: means general course fees, in addition to tuition, that are:
    (i) imposed by a state institution of higher education; and
    (ii) required to be paid by a student to engage in a course of study at the state institution of higher education. See Utah Code 53B-8c-102
  • Fiduciary: A trustee, executor, or administrator.
  • Filer: means an individual who files a written statement challenging another individual's right to vote as provided in Section 20A-3a-804. See Utah Code 20A-3a-802
  • Filing entity: means the same as that term is defined in Section 20A-11-101. See Utah Code 20A-11-1202
  • Filing entity: means the reporting entity that is required to file a financial statement required by this chapter or 2. See Utah Code 20A-11-101
  • Filing officer: means :
    (a) the lieutenant governor, for the office of a state constitutional officer or State Board of Education member; or
    (b) the lieutenant governor or the county clerk in the county of the candidate's residence, for a state legislative office. See Utah Code 20A-11-1602
  • Filing officer: means :
    (a) the lieutenant governor, for:
    (i) the office of United States Senator and United States Representative; and
    (ii) all constitutional offices;
    (b) for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
    (c) the county clerk, for county offices and local school district offices;
    (d) the county clerk in the filer's county of residence, for multicounty offices;
    (e) the city or town clerk, for municipal offices; or
    (f) the special district clerk, for special district offices. See Utah Code 20A-9-101
  • Final fiscal impact statement: means a financial statement prepared after voters approve an initiative that contains the information required by Subsection 20A-7-202. See Utah Code 20A-7-101
  • Financial resources: includes cash, claims to cash such as taxes receivable, and claims to goods or services such as prepaids. See Utah Code 51-5-3
  • Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or 2. See Utah Code 20A-11-101
  • Financially needy student: means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an institution for any period of attendance as defined by the board, after considering the student's expected family contribution. See Utah Code 53B-13a-102
  • Financially needy student: means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an eligible institution as defined by the board, after utilizing family and personal resources, federal assistance, and scholarships. See Utah Code 53B-13c-101
  • firefighter: means a member, including volunteer members and members paid on call, of a fire department or other organization that provides fire suppression and other fire-related services, of a political subdivision who is responsible for or is in a capacity that includes responsibility for the extinguishment of fires. See Utah Code 53B-8c-102
  • First preference ranking: means the candidate selected as the candidate most preferred by a voter, as indicated by:
    (a) the number one; or
    (b) if the voter does not assign the number one to any candidate, the number two. See Utah Code 20A-4-601
  • First responder: means :
    (a) a law enforcement officer, as defined in Section 53-13-103;
    (b) an emergency medical technician, as defined in Section 26B-4-137;
    (c) an advanced emergency medical technician, as defined in Section 26B-4-137;
    (d) a paramedic, as defined in Section 26B-4-137;
    (e) a firefighter, as defined in Section 34A-3-113;
    (f) a dispatcher, as defined in Section 53-6-102;
    (g) a correctional officer, as defined in Section 53-13-104;
    (h) a special function officer, as defined in Section 53-13-105, employed by a local sheriff;
    (i) a search and rescue worker under the supervision of a local sheriff;
    (j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section 67-5b-102;
    (k) a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;
    (l) a crime scene investigator technician;
    (m) a wildland firefighter; or
    (n) an investigator or prosecutor of cases involving sexual crimes against children. See Utah Code 53-21-101
  • First responder agency: means :
    (a) a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; or
    (b) a certified private law enforcement agency as defined in Section 53-19-102. See Utah Code 53-21-101
  • Fiscal period: means any period at the end of which a governmental unit determines its financial position and the results of its operations. See Utah Code 51-5-3
  • 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.
  • 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 corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
  • Foreign nonprofit corporation: means an entity:
    (a) incorporated under a law other than the laws of this state; and
    (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
  • 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.
  • Freestanding pollution control property: means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if:
    (i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by:
    (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or
    (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and
    (ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. See Utah Code 19-12-102
  • Function: means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible. See Utah Code 51-5-3
  • Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts, composed of financial resources and other assets, all related liabilities and residual equities or balances and changes in those resources, assets, liabilities, and equities that, when recorded, are segregated for the purpose of carrying on specific activities or attaining certain objectives, according to special regulations, restrictions, or limitations. See Utah Code 51-5-3
  • Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
  • Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
  • GASB: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-5-3
  • generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: means the individual or group of individuals that determine the candidates and committees that will receive expenditures from a political action committee, political party, or corporation. See Utah Code 20A-11-101
  • Governing body: means a political subdivision governing body defined in Section 63A-15-102. See Utah Code 19-5-201
  • Governing body: means :
    (a) for a county, city, or town, the legislative body of the county, city, or town;
    (b) for a special district, the board of trustees of the special district;
    (c) for a school district, the local board of education; or
    (d) for a special service district under Title 17D, Chapter 1, Special Service District Act:
    (i) the governing body of the county or municipality that created the special service district, if no administrative control board has been established under Section 17D-1-301; or
    (ii) the administrative control board, if one has been established under Section 17D-1-301. See Utah Code 11-50-102
  • Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
  • Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3
  • Governmental entity: means :
    (a) 
    (i) the executive branch of the state;
    (ii) the judicial branch of the state;
    (iii) the legislative branch of the state;
    (iv) an independent entity, as defined in Section 63E-1-102;
    (v) a political subdivision of the state;
    (vi) a state institution of higher education, as defined in Section 53B-3-102;
    (vii) an entity within the state system of public education; or
    (viii) the National Guard; or
    (b) any of the following that is established or controlled by a governmental entity listed in Subsection (28)(a) to carry out the public's business:
    (i) an office;
    (ii) a division;
    (iii) an agency;
    (iv) a board;
    (v) a bureau;
    (vi) a committee;
    (vii) a department;
    (viii) an advisory board;
    (ix) an administrative unit; or
    (x) a commission. See Utah Code 16-6a-102
  • Governmental fund: includes the following types: General Fund, special revenue funds, debt service funds, capital projects funds, and permanent funds. See Utah Code 51-5-3
  • Governmental interlocal cooperation agency: means an interlocal cooperation agency that receives some or all of its revenues from:
    (a) government appropriations;
    (b) taxes;
    (c) government fees imposed for regulatory or revenue raising purposes; or
    (d) interest earned on public funds or other returns on investment of public funds. See Utah Code 20A-11-1202
  • Governmental subdivision: means :
    (a) a county;
    (b) a city;
    (c) a town; or
    (d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hard put: means an unconditional sell-back provision or a redemption provision applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer or to an equal or higher-rated third party provider at specific intervals and specific prices determined at the time of issuance. See Utah Code 51-7-3
  • Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. See Utah Code 19-6-302
  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
  • Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
  • Hazardous wastes: means hazardous waste as defined in Section 19-6-102. See Utah Code 19-6-202
  • Health department: means a local health department under Title 26A, Local Health Authorities. See Utah Code 19-6-902
  • High quality professional learning: means the professional learning standards for teachers and principals described in Section 53G-11-303. See Utah Code 53B-34-101
  • Higher education institution: means the institutions specified in Section 53B-1-102. See Utah Code 51-7-3
  • Highway: includes :Utah Code 68-3-12.5
  • Household member: means a person who resides in the same residence as the public officer. See Utah Code 52-3-1
  • Household waste: means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. See Utah Code 19-6-102
  • Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. See Utah Code 53-11-102
  • Immediate family: means the regulated officeholder's spouse, a child living in the regulated officeholder's immediate household, or an individual claimed as a dependent for state or federal income tax purposes by the regulated officeholder. See Utah Code 20A-11-1602
  • Immediate family member: means a public safety employee's spouse, child, parent, or grandparent who resides with the public safety employee. See Utah Code 53-18-102
  • 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-kind contribution: means anything of value, other than money, that is accepted by or coordinated with a filing entity. See Utah Code 20A-11-101
  • Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). See Utah Code 20A-1-102
  • Income: means earnings, compensation, or any other payment made to an individual for gain, regardless of source, whether denominated as wages, salary, commission, pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses, reimbursement, dividends, or otherwise. See Utah Code 20A-11-1602
  • Incorporation: means the process established by Title 10, Chapter 2a, Municipal Incorporation, by which a geographical area becomes legally recognized as a city, town, or metro township. See Utah Code 20A-11-101
  • Incorporation election: means the election conducted under Section 10-2a-210 or 10-2a-404. See Utah Code 20A-11-101
  • Incorporation petition: means a petition described in Section 10-2a-208. See Utah Code 20A-11-101
  • 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 contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
  • Independent expenditure: includes :
    (i) the cost of creating and disseminating material for a public communication, including design and production costs; and
    (ii) a contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b)(i). See Utah Code 20A-11-1702
  • 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.
  • Individual: means a natural person. See Utah Code 20A-11-101
  • Individual: means :
    (a) a natural person;
    (b) the estate of an incompetent individual; or
    (c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Individual: means a natural person. See Utah Code 20A-12-301
  • Industrial byproduct: means an industrial residual, including:
    (i) inert construction debris;
    (ii) fly ash;
    (iii) bottom ash;
    (iv) slag;
    (v) flue gas emission control residuals generated primarily from the combustion of coal or other fossil fuel;
    (vi) residual from the extraction, beneficiation, and processing of an ore or mineral;
    (vii) cement kiln dust; or
    (viii) contaminated soil extracted as a result of a corrective action subject to an operation plan under 1. See Utah Code 19-6-1102
  • Infectious waste: means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. See Utah Code 19-6-102
  • Influence: means to campaign or advocate for or against a ballot proposition. See Utah Code 20A-11-1202
  • Initial fiscal impact and legal statement: means a financial and legal statement prepared under Section 20A-7-502. See Utah Code 20A-7-101
  • Initial fiscal impact statement: means
         a financial statement prepared under Section 20A-7-202. See Utah Code 20A-7-101
  • Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
  • Initiative application: means :
    (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
    (b) for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101
  • Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innocent landowner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
  • institution: means :
    (a) an institution of higher education listed in Section 53B-1-102; or
    (b) a Utah private, nonprofit postsecondary institution that is accredited by a regional accrediting organization recognized by the board. See Utah Code 53B-13a-102
  • institution: means :
    (a) an institution of higher education listed in Subsection 53B-2-101(1); or
    (b) a private, nonprofit, postsecondary institution located in Utah that is accredited by a recognized accrediting organization recognized by the United States Department of Education. See Utah Code 53B-13b-102
  • Institution: means :
    (a) an institution described in Section 53B-1-102; or
    (b) a Utah private, nonprofit postsecondary institution that is accredited by a regional accrediting organization that the board recognizes. See Utah Code 53B-13c-101
  • Institution of higher education: means the University of Utah, Utah State University, Southern Utah University, Weber State University, Snow College, Utah Tech University, Utah Valley University, or Salt Lake Community College. See Utah Code 53B-34-101
  • institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
    (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
    (b) 
    (i) limits the use of the real property, groundwater, or surface water;
    (ii) limits activities that may be performed on or at the property; or
    (iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Interactive computer service: means the same as that term is defined in Subsection 47 U. See Utah Code 53-18-102
  • 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
  • Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
  • Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-12-301
  • Interlocal cooperation agency: means an entity created by interlocal agreement under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 20A-11-1202
  • Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investment adviser representative: is a s defined in Section 61-1-13. See Utah Code 51-7-3
  • Investment agreement: includes any agreement to supply investments on one or more future dates. See Utah Code 51-7-3
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Judicial office: means the office filled by any judicial officer. See Utah Code 20A-1-102
  • Judicial officer: means any justice or judge of a court of record or any county court judge. See Utah Code 20A-1-102
  • 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.
  • Jurisdiction: means the area within the incorporated limits of:
    (a) a municipality;
    (b) a special service district;
    (c) a municipal-type service district;
    (d) a service area; or
    (e) the territorial area of a county not lying within a municipality. See Utah Code 19-6-502
  • Killed: means that the peace officer's or firefighter's death is the direct and proximate result of a traumatic injury incurred in the line of duty. See Utah Code 53B-8c-102
  • labor organization: includes each employee association and union for employees of public and private sector employers. See Utah Code 20A-11-1402
  • Labor organization: includes an employee association and union for employees of public and private sector employers. See Utah Code 20A-11-1501
  • Land: includes :Utah Code 68-3-12.5
  • Land use law: means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. See Utah Code 20A-7-101
  • Landfill waste tire pile: means a waste tire pile:
    (a) located within the permitted boundary of a landfill or transfer station operated by a governmental entity; and
    (b) consisting solely of waste tires brought to a landfill or transfer station for disposal and diverted from the landfill or transfer station waste stream to the waste tire pile. See Utah Code 19-6-803
  • Law enforcement agency: means an entity or division of:
    (i) 
    (A) the federal government, a state, or a political subdivision of a state;
    (B) a state institution of higher education; or
    (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
    (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • 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
  • Legacy: A gift of property made by will.
  • Legal signatures: means the number of signatures of legal voters that:
    (a) meet the numerical requirements of this chapter; and
    (b) have been obtained, certified, and verified as provided in this chapter. See Utah Code 20A-7-101
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
  • Legally referable to voters: means :
    (a) for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. See Utah Code 20A-7-101
  • Legislative office: means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Legislative office candidate: means a person who:
    (a) files a declaration of candidacy for the office of state senator or state representative;
    (b) declares oneself to be a candidate for, or actively campaigns for, the position of speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant whip of any party caucus in either house of the Legislature; or
    (c) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a legislative office. See Utah Code 20A-11-101
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Letter of concern: means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:
    (a) the licensee should modify or eliminate certain practices; and
    (b) continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license. See Utah Code 53-11-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
    (a) an excise tax assessed with respect to an employee benefit plan; or
    (b) reasonable expenses. See Utah Code 16-6a-901
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Line of duty: means an action that a peace officer or firefighter is obligated or authorized to perform by rule, regulation, condition of employment or service, or law, including a social, ceremonial, or athletic function that the peace officer or firefighter is assigned to or compensated for by the public agency being served. See Utah Code 53B-8c-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any of the following provided by a person that benefits a filing entity if the person expects repayment or reimbursement:
    (a) an expenditure made using any form of payment;
    (b) money or funds received by the filing entity;
    (c) the provision of a good or service with an agreement or understanding that payment or reimbursement will be delayed; or
    (d) use of any line of credit. See Utah Code 20A-11-101
  • Local attorney: means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
  • Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
  • Local education agency: means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. See Utah Code 53B-34-101
  • Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
  • Local government: means a county, municipality, school district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state. See Utah Code 51-7-3
  • Local health department: means a local health department as defined in 1. See Utah Code 19-1-103
  • Local health department: means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. See Utah Code 19-6-803
  • Local law: includes :
    (i) an ordinance;
    (ii) a resolution;
    (iii) a land use law;
    (iv) a land use regulation, as defined in Section 10-9a-103; or
    (v) other legislative action of a local legislative body. See Utah Code 20A-7-101
  • Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
  • Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101
  • Local obligation law: means a local law passed by the local legislative body regarding a bond that was approved by a majority of qualified voters in an election. See Utah Code 20A-7-101
  • Local petition: means :
    (a) a manual or electronic local initiative petition described in 5; or
    (b) a manual or electronic local referendum petition described in 6. See Utah Code 20A-1-1001
  • Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102
  • Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
  • Local tax law: means a law, passed by a political subdivision with an annual or biannual calendar fiscal year, that increases a tax or imposes a new tax. See Utah Code 20A-7-101
  • Long-term agreement: means an agreement or contract having a term of more than five years but less than 50 years. See Utah Code 19-6-502
  • Long-term foster care: means an individual who remains in the custody of the division, whether or not the individual resides:
    (a) with licensed foster parents; or
    (b) in independent living arrangements under the supervision of the division. See Utah Code 53B-8d-102
  • mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
  • Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Utah Code 19-6-102
  • Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
  • Manual candidate qualification process: means the process for gathering signatures to seek the nomination of a registered political party, using paper signature packets that a signer physically signs. See Utah Code 20A-9-101
  • Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
  • Manual referendum process: means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
  • Manufacturer: means a person who:
    (a) manufactures a consumer electronic device under a brand the person owns or is licensed to use; or
    (b) assumes the responsibilities and obligations of a person described in Subsection (6)(a). See Utah Code 19-6-1202
  • Manufacturer: means , with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product and who is licensed to engage in business as a manufacturer under 18 U. See Utah Code 53-5d-102
  • Market value: means market value as defined in the Master Repurchase Agreement. See Utah Code 51-7-3
  • Mass balance attribution: means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstock to at least one advanced recycling product. See Utah Code 19-6-502
  • Master plan: means the computer science education master plan described in Section 53B-34-105. See Utah Code 53B-34-101
  • Master Repurchase Agreement: means the current standard Master Repurchase Agreement approved by the Public Securities Association or by any successor organization. See Utah Code 51-7-3
  • Materials derived from waste tires: means tire sections, tire chips, tire shreddings, rubber, steel, fabric, or other similar materials derived from waste tires. See Utah Code 19-6-803
  • Maximum amount: means , with respect to qualified depositories, the total amount of:
    (a) deposits in excess of the federal deposit insurance limit; and
    (b) nonqualifying repurchase agreements. See Utah Code 51-7-3
  • Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
  • Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
    (a) is created via electronic or mechanical means; and
    (b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Mental capacity evaluation: means an evaluation by a qualified medical professional to determine whether the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
  • Mental health resources: means :
    (a) an assessment to determine appropriate mental health treatment that is performed by a mental health therapist;
    (b) outpatient mental health treatment provided by a mental health therapist; or
    (c) peer support services provided by a peer support specialist who is qualified to provide peer support services under Subsection 26B-5-211(2)(h). See Utah Code 53-21-101
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 53-21-101
  • Military-overseas ballot: means :
    (a) a federal write-in absentee ballot;
    (b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
    (c) a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102
  • Minority leader: See Floor Leaders
  • Mixed waste: means material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102. See Utah Code 19-6-102
  • Mobile facility: means a mobile facility capable of cutting waste tires on site so the waste tires may be effectively disposed of by burial, such as in a landfill. See Utah Code 19-6-803
  • Modification request: means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
  • money: means :
    (i) legal tender;
    (ii) a negotiable instrument; or
    (iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
  • Money market mutual fund: means an open-end managed investment fund:
    (a) that complies with the diversification, quality, and maturity requirements of Rule 2a-7 or any successor rule of the Securities and Exchange Commission applicable to money market mutual funds; and
    (b) that assesses no sales load on the purchase of shares and no contingent deferred sales charge or other similar charges, however designated. See Utah Code 51-7-3
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Multi-candidate race: means a nonpartisan municipal race where:
    (a) for the election of at-large officers, the number of candidates who qualify for the race exceeds the total number of seats to be filled; or
    (b) for the election of an officer other than an at-large officer, more than two candidates qualify to run for one office. See Utah Code 20A-4-601
  • Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101
  • Municipal executive: means :
    (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
    (b) the mayor in the council-manager form of government defined in Subsection 10-3b-103(7); or
    (c) the mayor of a metro township form of government defined in Section 10-3b-102. See Utah Code 20A-1-102
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal legislative body: means :
    (a) the council of the city or town in any form of municipal government; or
    (b) the council of a metro township. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-9-101
  • Municipal officers: means those municipal officers that are required by law to be elected. See Utah Code 20A-1-102
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Municipal residential waste: means solid waste that is:
    (a) discarded or rejected at a residence within the public entity's jurisdiction; and
    (b) collected at or near the residence by:
    (i) a public entity; or
    (ii) a person with whom the public entity has as an agreement to provide solid waste management. See Utah Code 19-6-502
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Mutual benefit corporation: means a nonprofit corporation:
    (a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
    (b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
  • National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
  • National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
  • National priority list site: means a site in Utah that is listed on the National Priority List. See Utah Code 19-6-302
  • Nationally recognized statistical rating organization: means an organization that has been designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission's Division of Market Regulation. See Utah Code 51-7-3
  • Negligent entrustment: means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. See Utah Code 53-5d-102
  • New voting equipment system: means voting equipment that is operated in a materially different way or that functions in a materially different way than the equipment being replaced. See Utah Code 20A-5-801
  • Newly registered political party: means a statewide organization of voters that has complied with the petition and organizing procedures of this chapter to become a registered political party. See Utah Code 20A-8-101
  • 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.
  • nonhazardous solid or hazardous waste operation plan: means a plan or approval under Section 19-6-108, including:
    (a) a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
    (b) a closure plan;
    (c) a modification request; or
    (d) an approval that the director is authorized to issue. See Utah Code 19-6-102
  • Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
  • Nonqualifying repurchase agreement: means a repurchase agreement evidencing indebtedness of a qualified depository arising from the transfer of obligations of the United States Treasury or other authorized investments to public treasurers that is:
    (a) evidenced by a safekeeping receipt issued by the qualified depository;
    (b) included in the depository's maximum amount of public funds; and
    (c) valued and maintained at market value plus an appropriate margin collateral requirement based upon the term of the agreement and the type of securities acquired. See Utah Code 51-7-3
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Obligations: means student loan notes and other debt obligations reflecting loans to students which the board may take, acquire, buy, sell, or endorse under this chapter, and may include a direct or indirect interest in the whole or any part of the notes or obligations. See Utah Code 53B-13-102
  • Occupational disease: means a disease that routinely constitutes a special hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's occupation. See Utah Code 53B-8c-102
  • Occupied structure: means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons. See Utah Code 53-11-102
  • Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
  • Officer: means a county officer. See Utah Code 20A-1-901
  • Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
  • Official capacity: means :
    (i) when used with respect to a director, the office of director in a corporation; and
    (ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
  • Official endorsement: means the information on the ballot that identifies:
    (a) the ballot as an official ballot;
    (b) the date of the election; and
    (c) 
    (i) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
    (ii) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102
  • Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
  • Online course: means a postsecondary level course of instruction offered by an eligible institution using digital technology. See Utah Code 53B-13c-101
  • Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Overseas voter: means a United States citizen who, on the day of the applicable election, is:
    (a) voting age; and
    (b) absent from the United States. See Utah Code 20A-16-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :
    (a) in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance;
    (b) in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and
    (c) in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402
  • Owner or officer: includes :
    (i) a member of a board of directors or other governing body of an entity; or
    (ii) a partner in any type of partnership. See Utah Code 20A-11-1602
  • Participating employer: means an employer that:
    (a) partners with an educational institution on a curriculum for an apprenticeship program or work-based learning program; and
    (b) provides an apprenticeship or work-based learning program for students. See Utah Code 53B-34-101
  • Participating municipality: means a municipality that is participating in the pilot project, in accordance with Subsection 20A-4-602(3). See Utah Code 20A-4-601
  • Partner award: means a financial award described in Section 53B-13a-106. See Utah Code 53B-13a-102
  • 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.
  • Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
  • Party committee: means any committee organized by or authorized by the governing board of a registered political party. See Utah Code 20A-11-101
  • Party related to a director: means :
    (a) the spouse of the director;
    (b) a child of the director;
    (c) a grandchild of the director;
    (d) a sibling of the director;
    (e) a parent of the director;
    (f) the spouse of an individual described in Subsections (38)(b) through (e);
    (g) an individual having the same home as the director;
    (h) a trust or estate of which the director or another individual specified in this Subsection (38) is a substantial beneficiary; or
    (i) any of the following of which the director is a fiduciary:
    (i) a trust;
    (ii) an estate;
    (iii) an incompetent;
    (iv) a conservatee; or
    (v) a minor. See Utah Code 16-6a-102
  • Passenger tire equivalent: means a measure of mixed sizes of tires where each 25 pounds of whole tires or material derived from waste tires is equal to one waste tire. See Utah Code 19-6-803
  • peace officer: means an employee of a law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 53B-8c-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Peripheral: means a keyboard, printer, or other device that:
    (a) is sold exclusively for external use with a television or computer; and
    (b) provides input into or output from a television or computer. See Utah Code 19-6-1202
  • Permanent funds: means funds whose principal may not be expended, the earnings from which are to be used for purposes designated by law. See Utah Code 51-7-3
  • Permit: includes an operation plan. See Utah Code 19-6-102
  • Permitted depository: means any out-of-state financial institution that meets quality criteria established by rule of the council. See Utah Code 51-7-3
  • Permittee: means a person who is obligated under an operation plan. See Utah Code 19-6-102
  • Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Person: means :Utah Code 68-3-12.5
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Person: means an individual, an entity, or a representative of an entity. See Utah Code 11-46-102
  • Person: means the same as that term is defined in Section 68-3-12. See Utah Code 53-5d-102
  • Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
  • Personal campaign committee: means the committee appointed by a judge to act for the judge as provided in this chapter. See Utah Code 20A-12-301
  • Personal information: includes a record or a part of a record that:
    (i) a public safety employee who qualifies as an at-risk government employee under Section 63G-2-303 requests to be classified as private under Subsection 63G-2-302(1)(h); and
    (ii) is classified as private under Title 63G, Chapter 2, Government Records Access and Management Act. See Utah Code 53-18-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal use expenditure: includes :
    (i) a mortgage, rent, utility, or vehicle payment;
    (ii) a household food item or supply;
    (iii) a clothing expense, except:
    (A) clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign; or
    (B) repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
    (iv) an admission to a sporting, artistic, or recreational event or other form of entertainment;
    (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
    (vi) a salary payment made to:
    (A) a candidate or officeholder; or
    (B) a person who has not provided a bona fide service to a candidate or officeholder;
    (vii) a vacation;
    (viii) a vehicle expense;
    (ix) a meal expense;
    (x) a travel expense;
    (xi) a payment of an administrative, civil, or criminal penalty;
    (xii) a satisfaction of a personal debt;
    (xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
    (xiv) a membership fee for a professional or service organization; and
    (xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 20A-11-104
  • Petition: means one of the following written requests, signed by registered voters, appealing to an authority with respect to a particular cause:
    (a) a local petition;
    (b) a petition to consolidate two or more municipalities under Section 10-2-601;
    (c) a petition for disincorporation of a municipality under Section 10-2-701;
    (d) a petition to incorporate a proposed municipality under Section 10-2a-208;
    (e) a petition to consolidate adjoining counties under Section 17-2-103;
    (f) a petition to annex a portion of a county to an adjoining county under Section 17-2-203;
    (g) a petition for the creation of a new county under Section 17-3-1;
    (h) a petition for the removal of a county seat under Section 17-11-2;
    (i) a petition for the adoption of an optional plan under Section 17-52a-303;
    (j) a petition for the repeal of an optional plan under Section 17-52a-505;
    (k) a petition to create a special district under Section 17B-1-203;
    (l) a petition to withdraw an area from a special district under Section 17B-1-504;
    (m) a petition to dissolve a special district under Section 17B-1-1303;
    (n) a petition for issuance of local building authority bonds under Section 17D-2-502;
    (o) a petition to become a registered political party under Section 20A-8-103;
    (p) a nomination petition for municipal office under Section 20A-9-203;
    (q) a nomination petition for a regular primary election under Subsection 20A-9-403(3)(a) and Section 20A-9-405;
    (r) a petition for a political party to qualify as a municipal political party under Section 20A-9-404;
    (s) a petition for the nomination of a qualified political party under Section 20A-9-408;
    (t) a nomination petition for a candidate not affiliated with a political party under Section 20A-9-502;
    (u) a nomination petition to become a delegate to a ratification convention under Section 20A-15-103;
    (v) a petition to create a new school district under Section 53G-3-301;
    (w) a petition to consolidate school districts under Section 53G-3-401;
    (x) a petition to transfer a portion of a school district to another district under Section 53G-3-501;
    (y) a petition to determine whether a privatization project agreement should be approved under Section 73-10d-4; or
    (z) a statewide petition. See Utah Code 20A-1-1001
  • Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
    (a) 60 degrees Fahrenheit; and
    (b) a pressure of 14. See Utah Code 19-6-402
  • Petroleum storage tank: means a tank that:
    (a) is an underground storage tank;
    (b) is an aboveground petroleum storage tank; or
    (c) is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402
  • Pilot project: means the Municipal Alternate Voting Methods Pilot Project created in Section 20A-4-602. See Utah Code 20A-4-601
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter. See Utah Code 53-21-101
  • Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 53B-8a-102
  • 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.
  • Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
  • Political consultant: includes a circumstance described in Subsection (36)(a), where the person:
    (i) has already been paid, with money or other consideration;
    (ii) expects to be paid in the future, with money or other consideration; or
    (iii) understands that the person may, in the discretion of the reporting entity or another person on behalf of and with the knowledge of the reporting entity, be paid in the future, with money or other consideration. See Utah Code 20A-11-101
  • Political convention: means a county or state political convention held by a registered political party to select candidates. See Utah Code 20A-11-101
  • Political division: includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101
  • Political entity: means a candidate, a political party, a political action committee, or a political issues committee. See Utah Code 20A-11-101
  • Political fund: means a separate segregated fund established by a labor organization for political purposes that meets the requirements of this part. See Utah Code 20A-11-1402
  • Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
    (i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
    (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
    (iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
  • Political issues contribution: means any of the following:
    (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or anything of value given to a political issues committee;
    (ii) an express, legally enforceable contract, promise, or agreement to make a political issues donation to influence the approval or defeat of any ballot proposition;
    (iii) any transfer of funds received by a political issues committee from a reporting entity;
    (iv) compensation paid by another reporting entity for personal services rendered without charge to a political issues committee; and
    (v) goods or services provided to or for the benefit of a political issues committee at less than fair market value. See Utah Code 20A-11-101
  • Political issues expenditure: means any of the following when made by a political issues committee or on behalf of a political issues committee by an agent of the reporting entity:
    (i) any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:
    (A) a ballot proposition; or
    (B) an incorporation petition or incorporation election;
    (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the express purpose of influencing the approval or the defeat of:
    (A) a ballot proposition; or
    (B) an incorporation petition or incorporation election;
    (iii) an express, legally enforceable contract, promise, or agreement to make any political issues expenditure;
    (iv) compensation paid by a reporting entity for personal services rendered by a person without charge to a political issues committee; or
    (v) goods or services provided to or for the benefit of another reporting entity at less than fair market value. See Utah Code 20A-11-101
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
    (a) candidate or a person seeking a municipal or county office at any caucus, political convention, or election; or
    (b) judge standing for retention at any election. See Utah Code 20A-11-101
  • political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly:Utah Code 20A-11-701.1
  • Political purposes: means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
    (a) candidate for public office at any caucus, political convention, primary, or election; or
    (b) judge standing for retention at any election. See Utah Code 20A-11-1202
  • Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election. See Utah Code 20A-11-1402
  • Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any judge standing for retention at any election. See Utah Code 20A-12-301
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-50-102
  • Poll: means the survey of a person regarding the person's opinion or knowledge of an individual who has filed a declaration of candidacy for public office, or of a ballot proposition that has legally qualified for placement on the ballot, which is conducted in person or by telephone, facsimile, Internet, postal mail, or email. See Utah Code 20A-11-101
  • Poll worker: includes election judges. See Utah Code 20A-1-102
  • Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
  • Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
  • pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
  • Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102
  • Pollution control facility: includes :
    (i) an addition to real property described in Subsection (6)(a);
    (ii) the reconstruction of real property described in Subsection (6)(a); or
    (iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Postemployment: means that period of time following:
    (a) the last day worked by an employee as a result of his long-term disability; or
    (b) the date that an employee identifies as the date on which the employee intends to retire or terminate from state employment. See Utah Code 51-5-3
  • Postemployment benefits: means benefits earned by employees that will not be paid until postemployment, including unused vacation leave, unused converted sick leave, sick leave payments, and health and life insurance benefits as provided in Section 63A-17-501. See Utah Code 51-5-3
  • 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.
  • Preceding year: means the year immediately preceding the day on which the regulated officeholder makes a conflict of interest disclosure. See Utah Code 20A-11-1602
  • Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
  • 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.
  • Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
  • Principal duties: means those duties which are the highest and foremost in responsibility. See Utah Code 53-13-101
  • Principal office: means :
    (a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • 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.
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
  • Proceeds of the fee: means the money collected by the commission from payment of the recycling fee including interest and penalties on delinquent payments. See Utah Code 19-6-803
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
  • Program: means the Utah Promise Program. See Utah Code 53B-13a-102
  • Program: means the Veterans Tuition Gap Program created in this chapter. See Utah Code 53B-13b-102
  • Program: means the Adult Learners Grant Program established in Section 53B-13c-102. See Utah Code 53B-13c-101
  • Program: means the Environmental Assurance Program under Section 19-6-410. See Utah Code 19-6-402
  • Promise partner: means an employer that participates in the program described in Section 53B-13a-106. See Utah Code 53B-13a-102
  • Proof of sterilization: means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:
    (a) a specified animal has been sterilized;
    (b) the date on which the sterilization was performed; and
    (c) the location where the sterilization was performed. See Utah Code 11-46-202
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402
  • Proposed initiative: means an initiative proposed in an application filed under Section 20A-7-202 or 20A-7-502. See Utah Code 20A-11-1202
  • Proposed referendum: means a referendum proposed in an application filed under Section 20A-7-302 or 20A-7-602. See Utah Code 20A-11-1202
  • Proprietary funds: means those funds or subfunds that show actual financial position and the results of operations, such as actual assets, liabilities, reserves, fund balances, revenues, and expenses. See Utah Code 51-5-3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
  • Provisional ballot: means a ballot voted provisionally by a person:
    (a) whose name is not listed on the official register at the polling place;
    (b) whose legal right to vote is challenged as provided in this title; or
    (c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
  • Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public assistance agency: means each office in Utah that provides:Utah Code 20A-2-300.5
  • Public communication: means a communication by:
    (i) broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank; or
    (ii) another medium used for political advertising to the general public. See Utah Code 20A-11-1702
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public employee: means any employee, officer, or servant of the state of Utah, or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state, or of any county, city, town, school district, special improvement or taxing district, or any other political subdivision or public corporation of or within the state. See Utah Code 53B-15-101
  • Public entity: means :
    (a) a county;
    (b) a municipality;
    (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
    (d) a service area under 9; or
    (e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502
  • Public entity: includes the state, each state agency, each county, municipality, school district, special district, governmental interlocal cooperation agency, and each administrative subunit of each of them. See Utah Code 20A-11-1202
  • Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
  • Public funds: means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment. See Utah Code 20A-11-1202
  • Public funds: means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 51-7-3
  • Public institution of higher education: means the same as that term is defined in Section 53B-16-301. See Utah Code 20A-8-101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public money: means "public funds. See Utah Code 51-7-3
  • Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Public officer: means a person who holds a position that is compensated by public funds. See Utah Code 52-3-1
  • Public official: includes the person or group that:
    (i) has supervisory authority over the personnel and affairs of a public entity; and
    (ii) approves the expenditure of funds for the public entity. See Utah Code 20A-11-1202
  • Public project: means a project of the Department of Transportation to construct:
    (a) a highway or road;
    (b) a curb;
    (c) a gutter;
    (d) a walkway;
    (e) a parking facility;
    (f) a public transportation facility; or
    (g) a facility, infrastructure, or transportation improvement that benefits the public. See Utah Code 19-6-1102
  • Public safety employee: means :
    (a) a law enforcement officer;
    (b) a dispatcher; or
    (c) a current or retired employee or contractor of:
    (i) a law enforcement agency; or
    (ii) a correctional facility. See Utah Code 53-18-102
  • Public school: means the same as that term is defined in Section 53G-9-205. See Utah Code 53-22-101
  • Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
    (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or
    (ii) goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101
  • Public treasurer: includes the state treasurer and the official of any state board, commission, institution, department, division, agency, or other similar instrumentality, or of any county, city, school district, charter school, political subdivision, or other public body who has the responsibility for the safekeeping and investment of any public funds. See Utah Code 51-7-3
  • publicly display: means to intentionally communicate or otherwise make available to the general public. See Utah Code 53-18-102
  • Publicly identified class of individuals: means a group of 50 or more individuals sharing a common occupation, interest, or association that contribute to a political action committee or political issues committee and whose names can be obtained by contacting the political action committee or political issues committee upon whose financial statement the individuals are listed. See Utah Code 20A-11-101
  • Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102
  • Purple Heart recipient: means any Utah resident who is a military veteran and who has earned a Purple Heart award as a result of military service. See Utah Code 53B-8e-102
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
  • Qualified civil liability action: means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party. See Utah Code 53-5d-102
  • Qualified depository: means a Utah depository institution or an out-of-state depository institution, as those terms are defined in Section 7-1-103, that is authorized to conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies, whose deposits are insured by an agency of the federal government and that has been certified by the commissioner of financial institutions as having met the requirements established under this chapter and the rules of the council to be eligible to receive deposits of public funds. See Utah Code 51-7-3
  • Qualified political party: means a registered political party that:
    (a) 
    (i) permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or
    (ii) provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;
    (b) does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;
    (c) permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:
    (i) seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or
    (ii) seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and
    (d) 
    (i) if the registered political party is a continuing political party, no later than 5 p. See Utah Code 20A-9-101
  • Qualified product: means a firearm or antique firearm, as defined in Section 76-10-501, ammunition, or a component part of a firearm or ammunition. See Utah Code 53-5d-102
  • Qualifying military veteran: means a veteran, as defined in Section 68-3-12. See Utah Code 53B-13b-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
    (a) by the domestic or foreign nonprofit corporation at:
    (i) its registered office in this state; or
    (ii) its principal office;
    (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
    (c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
  • Receiving judge: means the poll worker that checks the voter's name in the official register at a polling place and provides the voter with a ballot. See Utah Code 20A-1-102
  • Receiving official: means :
    (a) the lieutenant governor, unless the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office; or
    (b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office. See Utah Code 20A-1-802
  • Recipient: means the person to whom an animal shelter transfers an animal for adoption. See Utah Code 11-46-202
  • Record date: means the date established under 6, or 7, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
  • Recount threshold: means the sum of the candidate amplifier and the following:
    (a) for a ballot-counting phase in which fewer than 100 valid rankings are counted, 0. See Utah Code 20A-4-601
  • 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
  • Recovered feedstock: means a material:
    (i) that includes post-use polymers;
    (ii) for which the United States Environmental Protection Agency made a non-waste determination or has otherwise determined is feedstock and solid waste; or
    (iii) that is converted using an advanced recycling process after storage of less than 270 days. See Utah Code 19-6-502
  • Recycler: means a person who:
    (a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
    (b) is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803
  • Recycling: means the process of collecting and preparing electronic products for:
    (i) use in a manufacturing process; or
    (ii) recovery of reusable materials followed by delivery of reusable materials for use. See Utah Code 19-6-1202
  • Recycling fee: means the fee provided for in Section 19-6-805. See Utah Code 19-6-803
  • Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
  • Referendum application: means :
    (a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
    (b) for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). See Utah Code 20A-7-101
  • Referendum packet: means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
  • Referendum petition: means :
    (a) as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
    (b) as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;
    (c) as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or
    (d) as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101
  • Registered agent: means the registered agent of:
    (a) a domestic nonprofit corporation; or
    (b) a foreign nonprofit corporation. See Utah Code 16-6a-102
  • Registered lobbyist: means a person licensed under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act. See Utah Code 20A-11-101
  • Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
    (a) articles of incorporation;
    (b) an application for a certificate of authority; or
    (c) a notice of change of registered office. See Utah Code 16-6a-102
  • Registered political action committee: means any political action committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. See Utah Code 20A-11-101
  • Registered political issues committee: means any political issues committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. See Utah Code 20A-11-101
  • Registered political party: means an organization of voters that:
    (a) participated in the last regular general election and polled a total vote equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives for any of its candidates for any office; or
    (b) has complied with the petition and organizing procedures of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-11-101
  • registered political party: means a political party that has complied with the requirements of Chapter 8, Political Party Formation and Procedures, to become a political party officially recognized by the state. See Utah Code 20A-9-801
  • Registered political party: means an organization of voters that:
    (a) 
    (i) participated in the last regular general election; and
    (ii) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or
    (b) has complied with the petition and organizing procedures of this chapter. See Utah Code 20A-8-101
  • Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
  • Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
  • Regular decennial redistricting: means redistricting required due to a national decennial census. See Utah Code 20A-20-102
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
  • Regulated officeholder: means an individual who is required to make a conflict of interest disclosure under the provisions of this part. See Utah Code 20A-11-1602
  • Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See Utah Code 19-6-402
  • Relative: means a father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 52-3-1
  • Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
  • Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402
  • 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.
  • Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
  • Remedial action plan: means a plan for remedial action consistent with the substantive requirements of CERCLA and approved by the executive director. See Utah Code 19-6-302
  • Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
  • Remuneration: means a payment:
    (i) made to a legislator for the period the Legislature is in session; and
    (ii) that is approximately equivalent to an amount a legislator would have earned during the period the Legislature is in session in the legislator's ordinary course of business. See Utah Code 20A-11-101
  • Reported property: means property that is the subject of a law enforcement report under Section 19-6-903. See Utah Code 19-6-902
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Reporting entity: means the same as that term is defined in Section 20A-11-101. See Utah Code 20A-11-1202
  • Reporting entity: means a judge, judge's personal campaign committee, candidate, a candidate's personal campaign committee, an officeholder, and a party committee, a political action committee, and a political issues committee. See Utah Code 20A-12-301
  • Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502
  • 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.
  • Residence: means an improvement to real property used or occupied as a primary or secondary detached single-family dwelling. See Utah Code 19-6-502
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • Resolution: when used in relation to the issuance of bonds, means the resolution or trust agreement securing the bonds. See Utah Code 53B-13-102
  • Resource recovery: means the separation, extraction, recycling, or recovery of usable material, energy, fuel, or heat from solid waste and the disposition of it. See Utah Code 19-6-502
  • Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
  • Responsible party: means :
    (i) the owner or operator of a facility;
    (ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
    (iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
    (iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
  • Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include:
    (i) a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership:
    (A) primarily to protect the person's security interest in the facility; or
    (B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or
    (ii) governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 42 U. See Utah Code 19-6-402
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Results of the mental capacity evaluation: means a statement by the qualified medical professional who conducts the mental capacity evaluation that the subject officer:
    (a) has the mental capacity to fulfill the essential functions of the applicable office, without reasonable accommodations;
    (b) has the mental capacity to fulfill the essential functions of the applicable office, with specified reasonable accommodations; or
    (c) lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations. See Utah Code 20A-1-901
  • Retired: means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act. See Utah Code 53-21-101
  • Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
    (a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
    (b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
  • Reuse: means to use an industrial byproduct in place of a raw material. See Utah Code 19-6-1102
  • Reuse: means electronic waste:
    (a) that is tested and determined to be in good working order; and
    (b) that is removed from the waste stream to use for the same purpose for which it was manufactured, including the continued use of the whole system or components. See Utah Code 19-6-1202
  • Revenue: means the increase in ownership equity during a designated period of time that is recognized as earned. See Utah Code 51-5-3
  • Reviewing official: means :
    (a) except as provided in Subsection (4)(b), the receiving official; or
    (b) the reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving official appoints another individual as the reviewing official under Subsection 20A-1-803(3)(a). See Utah Code 20A-1-802
  • Road: includes :Utah Code 68-3-12.5
  • sale: means any transfer for consideration of title or of the right to use by lease or sales contract of a consumer electronic device to a consumer. See Utah Code 19-6-1202
  • Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
  • School board office: means the office of state school board. See Utah Code 20A-11-101
  • Scored site: means a facility in Utah that meets the requirements of scoring established by the National Contingency Plan for placement on the National Priority List. See Utah Code 19-6-302
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of:
    (A) the board of directors; or
    (B) the members; and
    (ii) the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and
    (b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
  • Seller: means , with respect to a qualified product, a federal firearms licensee, as defined in Section 76-10-501. See Utah Code 53-5d-102
  • Separated: means the status of an individual who has separated from employment as a first responder from a first responder agency as a result of a critical incident involving the first responder. See Utah Code 53-21-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102
  • Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-13-101.1
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-14-101.1
  • Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
  • Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
  • Shredded waste tires: means waste tires or material derived from waste tires that has been reduced to a six inch square or smaller. See Utah Code 19-6-803
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101
  • Significant violation: means :
    (a) a violation that, if known by voters before the election, may have resulted in a candidate, other than the candidate certified as having won the election, winning the election; or
    (b) a violation that, had the violation not occurred, may have resulted in a candidate, other than the candidate certified as having won the election, winning the election. See Utah Code 20A-1-802
  • Site: means land used for the treatment, disposal, or storage of hazardous wastes. See Utah Code 19-6-202
  • Siting plan: means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205. See Utah Code 19-6-202
  • Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
    (i) garbage;
    (ii) refuse;
    (iii) industrial and commercial waste;
    (iv) sludge from an air or water control facility;
    (v) rubbish;
    (vi) ash;
    (vii) contained gaseous material;
    (viii) incinerator residue;
    (ix) demolition and construction debris;
    (x) a discarded automobile; and
    (xi) offal. See Utah Code 19-6-502
  • Solid waste: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
  • Solid waste management: means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. See Utah Code 19-6-502
  • Solid waste management facility: means a facility employed for solid waste management, including:
    (i) a transfer station;
    (ii) a transport system;
    (iii) a baling facility;
    (iv) a landfill; and
    (v) a processing system, including:
    (A) a resource recovery facility;
    (B) a facility for reducing solid waste volume;
    (C) a plant or facility for compacting, or composting, of solid waste;
    (D) an incinerator;
    (E) a solid waste disposal, reduction, pyrolization, or conversion facility;
    (F) a facility for resource recovery of energy consisting of:
    (I) a facility for the production, transmission, distribution, and sale of heat and steam;
    (II) a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and
    (III) a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and
    (G) an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that:
    (I) is fueled by natural gas, landfill gas, or both;
    (II) consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and
    (III) consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 19-6-502
  • Solid waste management facility: means the same as that term is defined in Section 19-6-502. See Utah Code 19-6-102
  • Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • Special district: includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-11-1202
  • Special district officers: means those special district board members who are required by law to be elected. See Utah Code 20A-1-102
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • Special local ballot proposition: means a local ballot proposition that is not a standard local ballot proposition. See Utah Code 20A-7-101
  • Spectrum: means that which encompasses the scope of authority. See Utah Code 53-13-101
  • Spoiled ballot: means each ballot that:
    (a) is spoiled by the voter;
    (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
    (c) lacks the official endorsement. See Utah Code 20A-1-102
  • Sponsor: means any person or organization that traps feral cats, sterilizes, vaccinates against rabies, and ear-tips them before returning them to the location where they were trapped. See Utah Code 11-46-302
  • Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
  • Standard local ballot proposition: means a local ballot proposition for an initiative or a referendum. See Utah Code 20A-7-101
  • State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102
  • 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
  • State agency: includes the legislative branch, the Utah Board of Higher Education, each institution of higher education board of trustees, and each higher education institution. See Utah Code 20A-11-1202
  • State board: means the State Board of Education. See Utah Code 53B-34-101
  • State constitutional officer: means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general. See Utah Code 20A-11-1602
  • state institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 53B-3-102
  • State institution of higher education: means those institutions designated in Section 53B-1-102. See Utah Code 53B-8c-102
  • State institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 53B-8d-102
  • State institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 53B-8e-102
  • State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 53-1-102
  • State office: means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-11-101
  • State office candidate: means a person who:
    (a) files a declaration of candidacy for a state office; or
    (b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a state office. See Utah Code 20A-11-101
  • State political party: means , for each registered political party, all of the persons in Utah who, under definitions established by the state political party, are members of the registered political party. See Utah Code 20A-8-101
  • State security chief: means an individual appointed by the commissioner under Section 53-22-102. See Utah Code 53-22-101
  • Statewide petition: means :
    (a) a manual or electronic statewide initiative petition described in 2; or
    (b) a manual or electronic statewide referendum petition described in 3. See Utah Code 20A-1-1001
  • Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
  • Statute: A law passed by a legislature.
  • Sterilization deposit: means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter. See Utah Code 11-46-202
  • Sterilized: means that an animal has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce. See Utah Code 11-46-202
  • Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
  • Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
  • Storage: means the containment of hazardous wastes for a period of more than 90 days. See Utah Code 19-6-202
  • Store: means to place waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
  • Student: means a person who, under rules promulgated by the board, is enrolled or accepted for enrollment at an eligible institution and who is making suitable progress in his education toward obtaining a degree or other appropriate certification in accordance with standards acceptable to the board. See Utah Code 53B-13-102
  • Subfund: means a restricted account, established within an independent fund, that has a self-balancing set of accounts to restrict revenues, expenditures, or the fund balance. See Utah Code 51-5-3
  • Subject officer: means the officer who is subject to proceedings under this part to determine whether the officer has the mental capacity to fulfill the essential functions of the officer's office, with or without reasonable accommodations. See Utah Code 20A-1-901
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantially similar name: means :
    (i) the given name, the surname, or both, provided by the individual with the individual's petition signature, contain only minor spelling differences when compared to the given name and surname shown on the official register;
    (ii) the surname provided by the individual with the individual's petition signature exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is a commonly used abbreviation or variation of the other;
    (iii) the surname provided by the individual with the individual's petition signature exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is accompanied by a first or middle initial or a middle name which is not shown on the other record; or
    (iv) the surname provided by the individual with the individual's petition signature exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is an alphabetically corresponding initial that has been provided in the place of a given name shown on the other record. See Utah Code 20A-1-1001
  • Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
  • Summary report: means the year-end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-12-301
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 53-11-102
  • Supervisory board: means the individual or group of individuals that allocate expenditures from a political issues committee. See Utah Code 20A-11-101
  • Surplus: means the excess of the assets of a fund over its liabilities and restricted fund equity. See Utah Code 51-5-3
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Sworn: means having taken the oath of office set forth in Utah Constitution Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works. See Utah Code 53-13-101
  • System: means the statewide voter registration system described in Subsection 20A-2-502(1)(a), including the database and all information within the system or database. See Utah Code 20A-2-501
  • Tabulation system: means a device or system designed for the sole purpose of tabulating votes cast by voters at an election. See Utah Code 20A-1-102
  • Talent board: means the Talent, Education, and Industry Alignment Board created in Section 53B-34-102. See Utah Code 53B-34-101
  • Talent program: means the Talent Ready Utah Program created in Section 53B-34-103. See Utah Code 53B-34-101
  • Tax percentage difference: means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. See Utah Code 20A-7-101
  • Tax percentage increase: means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth. See Utah Code 20A-7-101
  • Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
  • Technical college: means :
    (a) the same as that term is defined in Section 53B-1-101. See Utah Code 53B-34-101
  • Technical education: means career and technical education that:Utah Code 53B-1-101.5
  • Telephone bank: means 500 or more identical or substantially similar telephone calls within any 30-day period. See Utah Code 20A-11-1702
  • Television: means a display system primarily intended to receive video programming via broadcast, cable, or satellite transmission. See Utah Code 19-6-1202
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-party certification system: means an international or multinational third-party certification system of rules to implement mass balance attribution approaches for advanced recycling, including:
    (a) International Sustainability and Carbon Certification;
    (b) Underwriter Laboratories;
    (c) SCS Recycled Content;
    (d) Roundtable on Sustainable Biomaterials;
    (e) Ecoloop; or
    (f) REDcert2. See Utah Code 19-6-502
  • Ticket: means a list of:
    (a) political parties;
    (b) candidates for an office; or
    (c) ballot propositions. See Utah Code 20A-1-102
  • Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803
  • Tire retailer: means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. See Utah Code 19-6-803
  • 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.
  • Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trade association: means :
    (a) any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual;
    (b) an organization described in 26 U. See Utah Code 53-5d-102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. See Utah Code 19-6-102
  • Transfer case: means the sealed box used to transport voted ballots to the counting center. See Utah Code 20A-1-102
  • Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
  • Traumatic injury: means a wound or the condition of the body caused by external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease, radiation, or bacteria, but excluding an occupational disease. See Utah Code 53B-8c-102
  • Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
  • Treatment: means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal. See Utah Code 19-6-202
  • Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
  • Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal nonprofit corporation: means a nonprofit corporation:
    (a) incorporated under the law of a tribe; and
    (b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102
  • Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-6a-102
  • trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
    (a) the state's public education system; or
    (b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103
  • Trustee: A person or institution holding and administering property in trust.
  • Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-8c-102
  • Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8d-102
  • Tuition: means tuition at the rate for residents of the state. See Utah Code 53B-8e-102
  • Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-13c-101
  • Ultimate product: includes pyrolized materials derived from:
    (i) waste tires; or
    (ii) chipped tires. See Utah Code 19-6-803
  • Unanimous: means a vote of all members of a county legislative body where all members of the county legislative body, not including the subject officer, vote on the same side of the motion. See Utah Code 20A-1-901
  • Unappropriated surplus: means that portion of the surplus of a given fund that is not segregated for specific purposes. See Utah Code 51-5-3
  • Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102
  • Underground piping: means piping that is buried in the ground that is in direct contact with soil and connected to an aboveground petroleum storage tank. See Utah Code 19-6-402
  • Underground storage tank: means a tank that is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-102
  • Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402
  • Underground storage tank installation company: means a person, firm, partnership, corporation, governmental entity, association, or other organization that installs underground storage tanks. See Utah Code 19-6-402
  • Underground storage tank installation company permit: means a permit issued to an underground storage tank installation company by the director. See Utah Code 19-6-402
  • Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 19-5-102
  • Uniformed service: means :
    (a) active and reserve components of the armed forces as defined in Section 68-3-12. See Utah Code 20A-16-102
  • Union dues: means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization. See Utah Code 20A-11-1402
  • United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
  • Unlawful misuse: means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product. See Utah Code 53-5d-102
  • Unprofessional conduct: means :
    (a) engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;
    (b) aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;
    (c) gross negligence in the practice of a bail recovery agent;
    (d) committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
    (e) making a fraudulent or untrue statement to the board, department, its investigators, or staff. See Utah Code 53-11-102
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Vacancy: means :
    (a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
    (b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
  • Valid: means that the ballot is marked in a manner that permits the ranking to be counted during the applicable ballot-counting phase. See Utah Code 20A-4-601
  • Valid voter identification: means :
    (a) a form of identification that bears the name and photograph of the voter which may include:
    (i) a currently valid Utah driver license;
    (ii) a currently valid identification card that is issued by:
    (A) the state; or
    (B) a branch, department, or agency of the United States;
    (iii) a currently valid Utah permit to carry a concealed weapon;
    (iv) a currently valid United States passport; or
    (v) a currently valid United States military identification card;
    (b) one of the following identification cards, whether or not the card includes a photograph of the voter:
    (i) a valid tribal identification card;
    (ii) a Bureau of Indian Affairs card; or
    (iii) a tribal treaty card; or
    (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
    (i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;
    (ii) a bank or other financial account statement, or a legible copy thereof;
    (iii) a certified birth certificate;
    (iv) a valid social security card;
    (v) a check issued by the state or the federal government or a legible copy thereof;
    (vi) a paycheck from the voter's employer, or a legible copy thereof;
    (vii) a currently valid Utah hunting or fishing license;
    (viii) certified naturalization documentation;
    (ix) a currently valid license issued by an authorized agency of the United States;
    (x) a certified copy of court records showing the voter's adoption or name change;
    (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
    (xii) a currently valid identification card issued by:
    (A) a local government within the state;
    (B) an employer for an employee; or
    (C) a college, university, technical school, or professional school located within the state; or
    (xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
  • Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • Venue: The geographical location in which a case is tried.
  • Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Volunteer: means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency. See Utah Code 53-13-101
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
    (a) mailing the ballot to the location designated in the mailing; or
    (b) depositing the ballot in a ballot drop box designated by the election officer. See Utah Code 20A-1-102
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
  • Voter identification verification tool: means a tool within the system that compares data in a voter registration record to Driver License Division data and Social Security Administration data to verify voter identification. See Utah Code 20A-2-501
  • Voter registration deadline: means the registration deadline provided in Section 20A-2-102. See Utah Code 20A-1-102
  • Voting area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102
  • Voting booth: means :
    (a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
    (b) a voting device that is free standing. See Utah Code 20A-1-102
  • Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
  • Voting equipment: means the following equipment used for an election:
    (a) automatic tabulating equipment;
    (b) a voting device; or
    (c) a voting machine. See Utah Code 20A-5-801
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
  • Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
  • Ward of the state: means an individual:
    (a) who is:
    (i) at least 17 years old; and
    (ii) not older than 26 years old;
    (b) who had a permanency goal in the individual's child and family plan, as described in Sections 80-3-307 and 80-3-409, of long-term foster care while in the custody of the division; and
    (c) for whom the custody of the division was not terminated as a result of adoption. See Utah Code 53B-8d-102
  • Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
  • Waste tire: means :
    (a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
    (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803
  • Waste tire pile: means a pile of 200 or more waste tires at one location. See Utah Code 19-6-803
  • Waste tire transporter: includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). See Utah Code 19-6-803
  • Wastewater service provider: means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste. See Utah Code 19-5-201
  • Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
  • Water company: means :
    (a) the same as that term is defined in Subsection 16-4-102(5); or
    (b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
  • Website: means the Candidate and Officeholder Conflict of Interest Disclosure Website described in Section 20A-11-1602. See Utah Code 20A-11-1602
  • While on duty: means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency. See Utah Code 53-13-101
  • Work-based learning program: includes the following objectives:
    (i) providing students an applied workplace experience using knowledge and skills attained in a program of study that includes an internship, externship, or work experience;
    (ii) providing an educational institution with objective input from a participating employer regarding the education requirements of the current workforce; and
    (iii) providing funding for programs that are associated with high-wage, in-demand, or emerging occupations. See Utah Code 53B-34-101
  • Workforce programs: means education or industry programs that facilitate training the state's workforce to meet industry demand. See Utah Code 53B-34-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Write-in ballot: means a ballot containing any write-in votes. See Utah Code 20A-1-102
  • Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
  • Writing: includes :Utah Code 68-3-12.5