| (1) |
Terms Used In Utah Code 68-3-12- 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.
- Person: means :Utah Code 68-3-12.5
- 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.
- Statute: A law passed by a legislature.
- 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
| (a) |
In the construction of a statute in the Utah Code, the general rules listed in this Subsection (1) shall be observed, unless the construction would be:
| (i) |
inconsistent with the manifest intent of the Legislature; or |
| (ii) |
repugnant to the context of the statute. |
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| (b) |
The singular includes the plural, and the plural includes the singular. |
| (c) |
A word used in one gender includes the other gender. |
| (d) |
A word used in the present tense includes the future tense. |
| (e) |
In accordance with 5, a word related to the medium used in the provision of a government service may include an electronic or other medium. |
| (f) |
“Include,” “includes,” or “including” means that the items listed are not an exclusive list, unless the word “only” or similar language is used to expressly indicate that the list is an exclusive list. |
| (g) |
“May” means that an action is authorized or permissive. |
| (h) |
“May not” means that an action is not authorized and is prohibited. |
| (i) |
“Must” means, depending on the context in which it is used, that:
| (i) |
an action is required or mandatory; |
| (ii) |
an action or result is compelled by necessity; |
| (iii) |
an item is indispensable; or |
| (iv) |
an action or event is a condition precedent to:
| (A) |
the authority to act; |
| (C) |
the accrual or loss of a right; or |
| (D) |
the imposition or removal of an obligation. |
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| (j) |
“Shall” means that an action is required or mandatory. |
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| (2) |
| (a) |
Except as provided in Subsection (2)(b) or (c), the use of the following terms in the Utah Code is strongly discouraged:
| (iv) |
“but not limited to” after “include,” “includes,” or “including.” |
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| (b) |
A term described in Subsection (2)(a) may be used when unusual circumstances exist that require the use of the term, including the use of the term:
| (i) |
in an interstate compact; or |
| (ii) |
to ensure consistency with a federal law or rule. |
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| (c) |
| (i) |
Except as provided in Subsection (2)(c)(ii), the use of the word “should” is strongly discouraged. |
| (ii) |
The word “should” may be used to:
| (A) |
refer to a recommended action, including a provision that a person shall or may recommend whether an action “should” be taken; |
| (B) |
indicate an expected standard of knowledge, including a provision that a person “should” know:
| (I) |
whether a fact exists; or |
| (II) |
that an action is likely to cause a specified result; or |
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| (C) |
refer to a determination as to whether an action “should” have occurred. |
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| (d) |
The use of the word “must” is strongly discouraged when the term “shall” can be used in its place. |
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Amended by Chapter 254, 2010 General Session
