Utah Code > Title 10 > Chapter 2 – Classification, Boundaries, Consolidation, and Dissolution of Municipalities


Part 3	Classification of Municipalities	10-2-301 – 10-2-306
Part 4	Annexation	10-2-401 – 10-2-428
Part 5	Restriction of Municipal Limits	10-2-501 – 10-2-510
Part 6	Consolidation of Municipalities	10-2-601 – 10-2-614
Part 7	Dissolution of Municipalities	10-2-701 – 10-2-712

Terms Used In Utah Code > Title 10 > Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities

Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
Access line: means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. See Utah Code 54-8b-2
Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102

Activities of daily living: means essential activities including:

(a)

dressing;

(b)

eating;

(c)

grooming;

(d)

bathing;

(e)	toileting;

(f)	ambulation;

(g)	transferring; and

(h)

self-administration of medication. See Utah Code 26B-2-201

Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:

(i)	the owners of the new generating unit are the same as or different from the owner of the project; and

(ii)

the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103

Adjudicative proceeding: means :Utah Code 68-3-12.5

Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:

(a)	the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;

(b)

the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1):

(i)	wind energy;

(ii)	solar photovoltaic and solar thermal energy;

(iii)

wave, tidal, and ocean thermal energy;

(iv)

except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

(A)	organic waste;

(B)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(C)	agricultural residues;

(D)	dedicated energy crops; and

(E)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

(v)	geothermal energy;

(vi)	hydro-electric energy; or

(vii)

waste gas and waste heat capture or recovery; and

(c)

the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5

Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101

Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102

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.

Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434

Affected entity: means :

(i)	a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

(ii)	a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;

(iii)

a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;

(iv)	a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and

(v)

a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401

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.

Affiliated person: means a seller or a seller's contractor, director, employee, officer, owner, or partner. See Utah Code 13-26-2

Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.

Aggregator: means any person or entity that:

(i)	is not a telecommunications corporation;

(ii)	in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and

(iii)

receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. See Utah Code 54-8b-2

Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201

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.

Amortization: Paying off a loan by regular installments.

Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

Antique shop: means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. See Utah Code 13-32a-102

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.

Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101

Appropriation: means an allocation of money by the governing board in a budget for a specific purpose. See Utah Code 11-13-501

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization

Arrest: Taking physical custody of a person by lawful authority.

Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3

Asset: means funds, money, an account, real or personal property, or personnel. See Utah Code 11-13-602

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201

Assisted living facility: means :

(i)

a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:

(A)	require protected living arrangements; and

(B)	are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and

(ii)

a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201

Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301

Associated entity: means a taxed interlocal entity that adopts a segment's organizing resolution. See Utah Code 11-13-602

Associated with the licensee: means that an individual is:

(i)	affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or

(ii)

applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101

Association: means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9. See Utah Code 54-8a-2

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Automated recycling kiosk: means an interactive machine that:

(a)	is installed inside a commercial site used for the selling of goods and services to consumers;

(b)	is monitored remotely by a live representative during the hours of operation;

(c)	only engages in secondhand merchandise transactions involving wireless communication devices; and

(d)

has the following technological functions:

(i)	verifies the seller's identity by a live representative using the individual's identification;

(ii)	generates a ticket; and

(iii)

electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102

Automated recycling kiosk operator: means a person whose sole business activity is the operation of one or more automated recycling kiosks. See Utah Code 13-32a-102

Automated telephone dialing system: means equipment used to:

(i)	store or produce telephone numbers;

(ii)	call a stored or produced number; and

(iii)

connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102

Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:

(a)	not used in a calendar year to comply with this part or with a renewable energy program in another state; and

(b)

carried forward into a subsequent year. See Utah Code 10-19-102

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.

Basic residential service: means a local exchange service for a residential customer consisting of:

(a)	a single line with access to the public switched network;

(b)	touch-tone or the functional equivalent;

(c)	local flat-rate unlimited usage, exclusive of extended area service;

(d)	single-party service;

(e)	a free phone number listing in directories received for free;

(f)	access to operator services;

(g)	access to directory assistance;

(h)	access to lifeline and telephone relay assistance;

(i)	access to 911 and E911 emergency services;

(j)	access to long-distance carriers;

(k)	access to toll limitations services;

(l)	other services as may be determined by the commission; and

(m)

no feature. See Utah Code 54-8b-2

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}

Birthing center: means a facility that:

(a)	receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and

(b)

(i)	is freestanding; or

(ii)

is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201

Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103

Board: means the Pawnshop, Secondhand Merchandise, and Catalytic Converter Advisory Board created by this chapter. See Utah Code 13-32a-102

Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2

Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8-901

Boarding school: means a private school that:

(i)	uses a regionally accredited education program;

(ii)

provides a residence to the school's students:

(A)	for the purpose of enabling the school's students to attend classes at the school; and

(B)	as an ancillary service to educating the students at the school;

(iii)

has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and

(iv)

(A)	does not provide the treatment or services described in Subsection (38)(a); or

(B)

provides the treatment or services described in Subsection (38)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101

Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2

Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501

Budget officer: means the person appointed by an interlocal entity governing board to prepare the budget for the interlocal entity. See Utah Code 11-13-501

Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501

Cable television service: means :

(a)

the one-way transmission to subscribers of:

(i)	video programming; or

(ii)	other programming service; and

(b)

subscriber interaction, if any, that is required for the selection or use of:

(i)	the video programming; or

(ii)

other programming service. See Utah Code 10-18-102

Calendar year entity: means an interlocal entity whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 11-13-503. See Utah Code 11-13-501

Candidate: means one or more of:

(a)	the state;

(b)	a county, municipality, school district, special district, special service district, or other political subdivision of the state; and

(c)

a prosecution district. See Utah Code 11-13-103

Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102

Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102

Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102

Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102

Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2

Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501

Child: means an individual under 18 years old. See Utah Code 26B-2-101

Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:

(a)	finding a person to adopt the child;

(b)	placing the child in a home for adoption; or

(c)

foster home placement. See Utah Code 26B-2-101

Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1

Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101

Coin: means a piece of currency, usually metallic and usually in the shape of a disc that is:

(a)	stamped metal, and issued by a government as monetary currency; or

(b)

(i)	worth more than its current value as currency; and

(ii)

worth more than its metal content value. See Utah Code 13-32a-102

Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. See Utah Code 13-32a-102

Collectible paper money: means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. See Utah Code 13-32a-102

Commercial project entity: means a project entity, defined in Subsection (18), that:

(a)	has no taxing authority; and

(b)

is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103

Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401

Commission: means the Public Service Commission. See Utah Code 10-19-102

Commission: means the Public Service Commission. See Utah Code 54-2-1

Commissioner: means a member of the commission. See Utah Code 54-2-1

Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201

Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501

Committee: means the National Register Review Committee created in Section 9-8-905. See Utah Code 9-8-901

Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Congregate care program: means any of the following that provide services to a child:

(i)	an outdoor youth program;

(ii)	a residential support program;

(iii)

a residential treatment program; or

(iv)

a therapeutic school. See Utah Code 26B-2-101

Consignment shop: means a business, operating at an established location:

(a)	that deals primarily in the offering for sale property owned by a third party; and

(b)

where the owner of the property only receives consideration upon the sale of the property by the business. See Utah Code 13-32a-102

Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201

Contiguous: means :

(a)	if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and

(b)

if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104

Continuance: Putting off of a hearing ot trial until a later time.

Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. See Utah Code 13-26-2

Contract: A legal written agreement that becomes binding when signed.

Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102

conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1

County executive: means :Utah Code 68-3-12.5

County legislative body: means :Utah Code 68-3-12.5

Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}

Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}

Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102

Current year: means the fiscal year in which a budget is prepared and adopted, and which is the fiscal year immediately preceding the budget year. See Utah Code 11-13-501

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Deficit: means the occurrence when expenditures exceed revenues. See Utah Code 11-13-501

Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1

Department contractor: means an individual who:

(a)	provides services under a contract with the department; and

(b)

due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101

Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501

Dependent: A person dependent for support upon another.

Devise: To gift property by will.

Direct access: means that an individual has, or likely will have:

(a)	contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or

(b)

an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101

Direct costs: means those expenses of a municipality that:

(a)

are directly attributable to providing:

(i)	a cable television service; or

(ii)	a public telecommunications service; and

(b)

would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102

Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is:

(a)	owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and

(b)

used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103

Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background screening approval issued by the office. See Utah Code 26B-2-101

Director: means the director of the office. See Utah Code 26B-2-101

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Division: means the Division of Customer Experience. See Utah Code 26B-2-301

Division: means the Division of Consumer Protection. See Utah Code 13-25a-102

Division: means the Division of Consumer Protection. See Utah Code 13-26-2

Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102

Division: means the Division of Consumer Protection. See Utah Code 13-53-102

Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2

Docket: A log containing brief entries of court proceedings.

Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101

education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101

Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101

Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103

Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3

Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1

Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1

Eligible customer: means a person who:

(a)

on December 31, 2013:

(i)	was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and

(ii)	owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and

(b)

produces electricity:

(i)	from a qualifying power production facility for sale to a public utility in this state;

(ii)	primarily for the eligible customer's own use; or

(iii)

for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1

Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}

Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2

End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201

Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including:

(a)

insulation in:

(i)	a wall, ceiling, roof, floor, or foundation; or

(ii)	a heating or cooling distribution system;

(b)

an insulated window or door, including:

(i)	a storm window or door;

(ii)	a multiglazed window or door;

(iii)

a heat-absorbing window or door;

(iv)	a heat-reflective glazed and coated window or door;

(v)	additional window or door glazing;

(vi)	a window or door with reduced glass area; or

(vii)

other window or door modifications that reduce energy loss;

(c)	an automatic energy control system;

(d)	in a building or a central plant, a heating, ventilation, or air conditioning and distribution system;

(e)	caulking or weatherstripping;

(f)	a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code;

(g)	an energy recovery system;

(h)	a daylighting system;

(i)

measures to reduce the consumption of water, through conservation or more efficient use of water, including:

(i)	installation of a low-flow toilet or showerhead;

(ii)	installation of a timer or timing system for a hot water heater; or

(iii)

installation of a rain catchment system; or

(j)

any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2

Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103

Enterprise fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501

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.

Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102

Estimated electric requirements: when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b):

(i)	generation capacity;

(ii)	generation output; or

(iii)

an electric energy production facility. See Utah Code 11-13-103

Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 11-13-501

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.

excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives. See Utah Code 54-8a-2

Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2

Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102

Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401. See Utah Code 10-2-401

Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:

(i)	to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or

(ii)

for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103

Facsimile machine: means equipment used for:

(a)	scanning or encoding text or images for conversion into electronic signals for transmission; or

(b)

receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102

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.

Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401

Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:

(a)	cable television service; and

(b)

public telecommunications service. See Utah Code 10-18-102

Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2

Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2

Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2

Fiduciary: A trustee, executor, or administrator.

Fiduciary duty: means a duty expressly designated as a fiduciary duty of:

(a)

a director or an officer of a taxed interlocal entity in:

(i)	the organization agreement of the taxed interlocal entity; or

(ii)	an agreement executed by the director or the officer and the taxed interlocal entity; or

(b)

a director or an officer of a segment in:

(i)	the organizing resolution of the segment; or

(ii)

an agreement executed by the director or the officer and the segment. See Utah Code 11-13-602

Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}

financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2

Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501

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}

Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501

Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101

Fraud: Intentional deception resulting in injury to another.

Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201

Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:

(i)	a cable television service; or

(ii)

a public telecommunications service. See Utah Code 10-18-102

Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501

Fund balance: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:

(a)

gas is made or produced on, and distributed by the maker or producer through, private property:

(i)	solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and

(ii)	not for sale to others;

(b)	gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or

(c)

gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1

General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201

General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501

Generally accepted accounting principles: means the accounting principles and standards promulgated from time to time by authoritative bodies in the United States. See Utah Code 11-13-501

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Gift card: means a record that:

(a)

is usable at:

(i)	a single merchant; or

(ii)	a specified group of merchants;

(b)	is prefunded before the record is used; and

(c)

can be used for the purchase of goods or services. See Utah Code 13-32a-102

Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103

Governing board: includes a board of directors. See Utah Code 11-13a-102

Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103

Governing body: means :

(a)	for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township;

(b)	for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;

(c)	for a state university except as provided in Subsection (4)(d), the board or body having the control and supervision of the state university; and

(d)

for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2

Governing body: means the body established in an organizing resolution to govern a segment. See Utah Code 11-13-602

Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3

Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104

Government agency: means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities. See Utah Code 26B-2-301

Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102

Governmental fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501

Governmental law: means :

(a)	Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;

(b)	Title 63A, Chapter 3, Division of Finance;

(c)	Title 63G, Chapter 6a, Utah Procurement Code;

(d)	a law imposing an obligation on a taxed interlocal entity similar to an obligation imposed by a law described in Subsection (5)(a), (b), or (c);

(e)	an amendment to or replacement or renumbering of a law described in Subsection (5)(a), (b), (c), or (d); or

(f)

a law superseding a law described in Subsection (5)(a), (b), (c), or (d). See Utah Code 11-13-602

Governmental nonprofit corporation: means :

(i)	a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or

(ii)

a nonprofit corporation in which one or more governmental entities exercise a controlling interest and:

(A)	that exercises taxing authority;

(B)	that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or

(C)

that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102

Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201

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

Health benefit plan: means the same as that term is defined in Section 31A-22-634. See Utah Code 26B-2-101

Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201

Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101

Health insurer: means the same as that term is defined in Section 31A-22-615. See Utah Code 26B-2-101

Health maintenance organization: means an organization, organized under the laws of any state which:

(a)

is a qualified health maintenance organization under 42 U. See Utah Code 26B-2-201

Highway: includes :Utah Code 68-3-12.5

Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201

Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201

Human services program: means the same as that term is defined in Section 62A-2-101. See Utah Code 13-53-102

Human services program: means :

(i)	a foster home;

(ii)	a therapeutic school;

(iii)

a youth program;

(iv)	an outdoor youth program;

(v)	a residential treatment program;

(vi)	a residential support program;

(vii)

a resource family home;

(viii)

a recovery residence; or

(ix)

a facility or program that provides:

(A)	adult day care;

(B)	day treatment;

(C)	outpatient treatment;

(D)	domestic violence treatment;

(E)	child-placing services;

(F)	social detoxification; or

(G)

any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101

Identification: means any of the following non-expired forms of identification issued by a state government, the United States government, or a federally recognized Indian tribe, if the identification includes a unique number, photograph of the bearer, and date of birth:

(a)	a United States Passport or United States Passport Card;

(b)	a state-issued driver license;

(c)	a state-issued identification card;

(d)	a state-issued concealed carry permit;

(e)	a United States military identification;

(f)	a United States resident alien card;

(g)	an identification of a federally recognized Indian tribe; or

(h)

notwithstanding Section 53-3-207, a Utah driving privilege card. See Utah Code 13-32a-102

IMEI number: means an International Mobile Equipment Identity number. See Utah Code 13-32a-102

Incarcerated mother: means the same as that term is defined in Section 64-13-46. See Utah Code 26B-1-434

Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2

Indexed office: means the address identified under Subsection 63G-7-401(5)(a)(i) by a segment's associated entity in the associated entity's statement described in Subsection 63G-7-401(5). See Utah Code 11-13-602

Indian child: means the same as that term is defined in 25 U. See Utah Code 26B-2-101

Indian country: means the same as that term is defined in 18 U. See Utah Code 26B-2-101

Indian tribe: means the same as that term is defined in 25 U. See Utah Code 26B-2-101

Indicia of being new: means property that:

(a)	is represented by the individual pawning or selling the property as new;

(b)	is unopened in the original packaging; or

(c)

possesses other distinguishing characteristics that indicate the property is new. See Utah Code 13-32a-102

Indirect costs: means any costs:

(i)	identified with two or more services or other functions; and

(ii)

that are not directly identified with a single service or function. See Utah Code 10-18-102

Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

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

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}

Interfund loan: means a transfer of assets from one fund to another, subject to future repayment. See Utah Code 11-13-501

Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501

Interlocal entity: means :

(a)	a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or

(b)

a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103

Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501

Intermediate care facility: means the same as that term is defined in Section 58-15-101. See Utah Code 26B-2-301

Internal service funds: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501

Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103

Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103

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.

Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1

Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1

Last completed fiscal year: means the fiscal year immediately preceding the current fiscal year. See Utah Code 11-13-501

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}

Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}

Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3

Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101

Lien: A claim against real or personal property in satisfaction of a debt.

Lineal descendant: Direct descendant of the same ancestors.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2

Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101

Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102

Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102

Location: means the site of a proposed area of excavation described:

(a)

(i)	by street address, if available;

(ii)	by the area at that street address to be excavated; and

(iii)

as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or

(b)

if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2

Location request assignment: means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator. See Utah Code 54-8a-2

long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2

Long-term care facility: means :

(i)	a skilled nursing facility;

(ii)	except as provided in Subsection (6)(b), an intermediate care facility;

(iii)

a nursing home;

(iv)	a small health care facility;

(v)	a small health care facility type N; or

(vi)

an assisted living facility. See Utah Code 26B-2-301

material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2

Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103

Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401

Minor: means child. See Utah Code 26B-2-101

Misappropriation: means :

(a)	acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(b)

disclosure or use of a trade secret of another without express or implied consent by a person who:

(i)	used improper means to acquire knowledge of the trade secret; or

(ii)

at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

(A)	derived from or through a person who had utilized improper means to acquire it;

(B)	acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(C)	derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(iii)

before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2

Mobile telecommunications service: means a mobile telecommunications service:

(a)

that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 54-8b-2

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.

Motor vehicle license cost recovery fee: means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles. See Utah Code 13-48-102

Motor vehicle rental company: means any person or organization in the business of renting motor vehicles to the public. See Utah Code 13-48-102

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102

Municipal selection committee: means a committee in each county composed of the mayor of each municipality within that county. See Utah Code 10-2-401

Municipality: includes every city or town within this state. See Utah Code 10-15-3

Municipality: means a city, town, or metro township. See Utah Code 11-13a-102

Municipality: means any incorporated city, town, or metro township in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Near fatality: means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See Utah Code 26B-1-501

Negative response: means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. See Utah Code 13-25a-102

Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501

New public telecommunications service: means a service offered by a telecommunications corporation which that corporation has never offered before. See Utah Code 54-8b-2

Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-102

Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:

(a)	a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;

(b)	a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or

(c)

a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201

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.

Office: means the State Historic Preservation Office created in Section 9-8-902. See Utah Code 9-8-901

Office: means the Office of Licensing within the department. See Utah Code 26B-2-101

Officer: means the state historic preservation officer, appointed in accordance with Section 9-8-903. See Utah Code 9-8-901

Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301

Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301

On-call emergency provider: means an individual who is required by an employer to be on call to respond to a medical emergency. See Utah Code 13-25a-102

Operator: means a person who owns, operates, or maintains an underground facility. See Utah Code 54-8a-2

Operator assisted services: means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. See Utah Code 54-8b-2

Operator service provider: means any person or entity that provides, for a fee to a caller, operator assisted services. See Utah Code 54-8b-2

Organization agreement: means an agreement, as amended, that creates a taxed interlocal entity. See Utah Code 11-13-602

Organizing resolution: means a resolution described in Subsection 11-13-604(1) that creates a segment. See Utah Code 11-13-602

Original victim: means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes:

(a)	an authorized representative designated in writing by the original victim; and

(b)

an insurer who has indemnified the original victim for the loss of the described property. See Utah Code 13-32a-102

Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103

Outdoor youth program: means a program that provides:

(a)

services to a child that has:

(i)	a chemical dependency; or

(ii)	a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;

(b)	a 24-hour outdoor group living environment; and

(c)

(i)	regular therapy, including group, individual, or supportive family therapy; or

(ii)

informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101

Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3

Oversight: Committee review of the activities of a Federal agency or program.

Participant: means a person seeking to register or renew a registration as a seller including:

(a)

a seller;

(b)

an owner;

(c)	an officer;

(d)	a director;

(e)	a member or manager of a limited liability company;

(f)	a principal;

(g)	a trustee;

(h)	a general or limited partner;

(i)	a sole proprietor; or

(j)

an individual with a controlling interest in an entity. See Utah Code 13-26-2

Participant: means an individual who:

(a)	resides at a residential, vocational and life skills program facility;

(b)

receives from the residential, vocational and life skills program:

(i)	vocational training; or

(ii)	life skills training; and

(c)

does not receive monetary compensation from the residential, vocational and life skills program. See Utah Code 13-53-102

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.

Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102

Pawn transaction: means :

(a)	an extension of credit in which an individual delivers property to a pawnbroker for an advance of money and retains the right to redeem the property for the redemption price within a fixed period of time;

(b)	a loan of money on one or more deposits of personal property;

(c)	the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or

(d)

a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. See Utah Code 13-32a-102

Pawnbroker: means a person whose business:

(a)	engages in a pawn transaction; or

(b)

holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. See Utah Code 13-32a-102

Pawnshop: means the physical location or premises where a pawnbroker conducts business. See Utah Code 13-32a-102

Pedestrian mall: means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel. See Utah Code 10-15-3

Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104

Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201

Person: means :Utah Code 68-3-12.5

Person: includes :

(a)	an individual, government entity, corporation, partnership, association, or company; and

(b)

the trustee, receiver, assignee, and personal representative of a person listed in Subsection (11)(a). See Utah Code 54-8a-2

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

petitioner: means :

(a)

one or more persons who:

(i)	own title to real property within the area proposed for disconnection; and

(ii)	sign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; or

(b)

the mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality. See Utah Code 10-2-501

Plaintiff: The person who files the complaint in a civil lawsuit.

Planning advisory area: means the same as that term is defined in Section 17-27a-306. See Utah Code 10-2-401

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.

Pledgor: means an individual who conducts a pawn transaction with a pawnshop. See Utah Code 13-32a-102

Point of delivery: means :

(a)	a meter, for electric facilities; or

(b)

a network interface device, for communication facilities. See Utah Code 54-8-3

Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2

Postsecondary school: means the same as that term is defined in Section 13-34-101. See Utah Code 13-53-102 v2

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}

precious metals: means ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:

(i)

. See Utah Code 13-32a-102

Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2

Principal county: means the county in which the indexed office of a segment's associated entity is located. See Utah Code 11-13-602

Private provider: means a person that:

(a)

provides:

(i)	cable television services; or

(ii)	public telecommunications services; and

(b)

is a private entity. See Utah Code 10-18-102

Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Project: means :

(i)

an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction:

(A)	that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes;

(B)	that is suitable to provide services to the general public;

(C)	that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or

(D)	that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions;

(ii)

any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment;

(iii)

an energy efficiency upgrade;

(iv)	a renewable energy system;

(v)	facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or

(vi)

any economic development or new venture investment fund to be raised other than from:

(A)	municipal or county general fund money;

(B)	money raised under the taxing power of any county or municipality; or

(C)

money raised against the general credit of any county or municipality. See Utah Code 11-17-2

Project: includes a project entity's ownership interest in:

(i)	facilities that provide additional project capacity;

(ii)	facilities providing replacement project capacity;

(iii)

additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and

(iv)

a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103

Project: means :

(a)	the same as that term is defined in Section 11-13-103; or

(b)

facilities, improvements, or contracts undertaken by a taxed interlocal entity in accordance with Subsection 11-13-204(2). See Utah Code 11-13-602

Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103

Property: includes both real and personal property. See Utah Code 68-3-12.5

Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102

Proprietary fund: means enterprise funds and the internal service funds of an interlocal entity. See Utah Code 11-13-501

Proprietary school: means the same as that term is defined in Section 13-34-102. See Utah Code 13-53-102

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public agency: means :

(a)	a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;

(b)	the state or any department, division, or agency of the state;

(c)	any agency of the United States;

(d)	any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or

(e)

any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103

Public asset: means :

(a)	an asset used by a public entity;

(b)	tax revenue;

(c)	state funds; or

(d)

public funds. See Utah Code 11-13-602

Public funds: means any money or payment collected or received by an interlocal entity, including money or payment for services or goods provided by the interlocal entity. See Utah Code 11-13-501

Public switched network: means the same as that term is defined in 47 C. See Utah Code 54-8b-2

Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102

Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102

Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1

Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3

Qualified energy services interlocal entity: means an energy services interlocal entity that at the time that the energy services interlocal entity acquires its interest in facilities providing additional project capacity has at least five members that are Utah public agencies. See Utah Code 11-13-103

Qualified individual: means an individual who:

(a)	at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;

(b)

(i)	is in the custody of the department or a division of the department; and

(ii)	is placed in a residential placement by the department or a division of the department;

(c)

at the time that the individual dies, has an open case for the receipt of child welfare services, including:

(i)	an investigation for abuse, neglect, or dependency;

(ii)	foster care;

(iii)

in-home services; or

(iv)	substitute care;

(d)	had an open case for the receipt of child welfare services within one year before the day on which the individual dies;

(e)

was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:

(i)	the department or a division of the department is aware of the death; and

(ii)	the death is reported as a homicide, suicide, or an undetermined cause;

(f)

received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual:

(i)	lived in the individual's home at the time of death; and

(ii)	the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department;

(g)	dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;

(h)

is a child who:

(i)	suffers a near fatality; and

(ii)

is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:

(A)	an investigation for abuse, neglect, or dependency;

(B)	foster care;

(C)	in-home services; or

(D)	substitute care; or

(i)

is designated as a qualified individual by the executive director. See Utah Code 26B-1-501

Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:

(a)	becomes operational or is retrofitted on or after January 1, 2008; and

(b)

reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102

Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:

(a)

(i)	the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

(ii)	the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and

(b)

the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102

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.

Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:

(i)	provides a supervised living environment for individuals recovering from a substance use disorder;

(ii)	provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;

(iii)

provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;

(iv)	is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or

(v)

(A)	receives public funding; or