Part 1 General Provisions 11-13-101 – 11-13-103
Part 2 Public Agencies’ Joint Exercise of Powers 11-13-201 – 11-13-227
Part 3 Project Entity Provisions 11-13-301 – 11-13-314
Part 4 Governance 11-13-401 – 11-13-404
Part 5 Fiscal Procedures for Interlocal Entities 11-13-501 – 11-13-532
Part 6 Taxed Interlocal Entities 11-13-601 – 11-13-608

Terms Used In Utah Code > Title 11 > Chapter 13

  • 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
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advertisement: means material offering for sale, or advertising the availability or quality of, any property, goods, or services. 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appropriation: means an allocation of money by the governing board in a budget for a specific purpose. See Utah Code 11-13-501
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Assisted marketing plan: means the sale or lease of any products, equipment, supplies, or services that are sold to the purchaser upon payment of an initial required consideration of $500 or more for the purpose of enabling the purchaser to start a business, and in which the seller represents:
    (i) that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, or other similar devices, or currency operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller;
    (ii) that the seller will purchase any or all products made, produced, fabricated, grown, or modified by the purchaser, using in whole or in part the supplies, services, or chattels sold to the purchaser;
    (iii) that the seller will provide the purchaser with a guarantee that the purchaser will receive income from the assisted marketing plan that exceeds the price paid for the assisted marketing plan, or repurchase any of the products, equipment, supplies, or chattels supplied by the seller if the purchaser is dissatisfied with the assisted marketing plan; or
    (iv) that upon payment by the purchaser of a fee or sum of money, which exceeds $500 to the seller, the seller will provide a sales program or marketing program that will enable the purchaser to derive income from the assisted marketing plan that exceeds the price paid for the marketing plan. See Utah Code 13-15-2
  • Associated entity: means a taxed interlocal entity that adopts a segment's organizing resolution. See Utah Code 11-13-602
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audit: means a review by a supplier of a dealer's warranty claims records. See Utah Code 13-14b-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
  • Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
  • Award: means a final order of the commission as to the amount of compensation due:
    (i) an injured employee; or
    (ii) a dependent of a deceased employee. See Utah Code 34A-2-102
  • 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
  • Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
  • Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
  • 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
  • Business opportunity: means an assisted marketing plan subject to this chapter. See Utah Code 13-15-2
  • Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
  • 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, local district, special service district, or other political subdivision of the state; and
    (c) a prosecution district. See Utah Code 11-13-103
  • Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
  • Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
  • Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2
  • Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: includes :
    (i) a posthumous child; or
    (ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
  • 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 the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
  • Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
  • 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.
  • Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
  • Consumer: means a purchaser of health spa services for valuable consideration. See Utah Code 13-23-2
  • Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products. See Utah Code 13-26-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
    (i) a gift, subscription, loan, advance, or deposit of money or anything of value;
    (ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
    (iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
  • Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
  • 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.
  • 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
  • Credit reporting agency: means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third persons. See Utah Code 13-21-2
  • Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
    (i) improving a buyer's credit record, history, or rating;
    (ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or
    (iii) debt reduction or debt management plans. See Utah Code 13-21-2
  • Current net price: means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted. See Utah Code 13-14b-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.
  • dealer: means a person or any other entity having a dealer agreement for selling and retailing:
    (a) agricultural equipment;
    (b) dairy and farmstead mechanization equipment;
    (c) construction, utility, and industrial equipment;
    (d) outdoor power equipment;
    (e) lawn and garden equipment; or
    (f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e). See Utah Code 13-14b-102
  • Dealer agreement: means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both. See Utah Code 13-14b-102
  • Decision: includes :
    (A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
    (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
  • 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
  • Dependent: A person dependent for support upon another.
  • 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
  • Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
  • Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
  • 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 Consumer Protection of the Department of Commerce. See Utah Code 13-15-2
  • Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-54-102
  • Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
  • Division: means the Division of Consumer Protection. See Utah Code 13-23-2
  • Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-25a-102
  • Division: means the Division of Consumer Protection. See Utah Code 13-26-2
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
  • 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
  • Employer: means , except as provided in Subsection (2)(b), a public service organization in the state that employs one or more individuals. See Utah Code 34-54-102
  • Employment certification form: means the form provided by the United States Department of Education, in part, to verify that an individual's employment qualifies for participation in a student loan forgiveness program. See Utah Code 34-54-102
  • 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
  • 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.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Utah Code 13-21-2
  • 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 Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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 Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fictitious personal name: means a name other than an individual's true 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
  • First responder: means :
    (i) a law enforcement officer, as defined in Section 53-13-103;
    (ii) an emergency medical technician, as defined in Section 26-8c-102;
    (iii) an advanced emergency medical technician, as defined in Section 26-8c-102;
    (iv) a paramedic, as defined in Section 26-8c-102;
    (v) a firefighter, as defined in Section 34A-3-113;
    (vi) a dispatcher, as defined in Section 53-6-102; or
    (vii) a correctional officer, as defined in Section 53-13-104. See Utah Code 34A-2-102
  • 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.
  • Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • 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.
  • Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
  • 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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Governing body: means the body established in an organizing resolution to govern a segment. See Utah Code 11-13-602
  • 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
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • guarantee: means a written agreement, signed by the purchaser and seller, disclosing the complete details and any limitations or exceptions of the agreement. See Utah Code 13-15-2
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health spa: includes any establishment designated:
    (i) as a "health spa";
    (ii) as a "spa";
    (iii) as an "exercise gym";
    (iv) as a "health studio";
    (v) as a "health club";
    (vi) as a "personal training facility"; or
    (vii) with any other similar terms. See Utah Code 13-23-2
  • Health spa services: means any service provided by a health spa, including athletic facilities, equipment, and instruction. See Utah Code 13-23-2
  • Highway: includes :Utah Code 68-3-12.5
  • Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
  • Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
  • 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
  • Initial required consideration: means the total amount a purchaser is obligated to pay under the terms of the assisted marketing plan, either prior to or at the time of delivery of the products, equipment, supplies, or services, or within six months of the commencement of operation of the assisted marketing plan by the purchaser. See Utah Code 13-15-2
  • 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.
  • 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: 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: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501
  • Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Last completed fiscal year: means the fiscal year immediately preceding the current fiscal year. See Utah Code 11-13-501
  • LEA: means a school district, a charter school, or the Utah Schools for the Deaf and the Blind. See Utah Code 34-54-102
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
  • Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2
  • material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether or not 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
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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 carrier: means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. See Utah Code 34A-2-104
  • Motor home: means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. See Utah Code 13-20-2
  • Motor vehicle: includes :
    (i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
    (ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
    (iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. See Utah Code 34A-2-104
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • 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
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Negative response: means a statement from a party stating the party 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
  • 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.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Occupational accident related insurance: means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection (5)(d)(iii):
    (i) disability benefits;
    (ii) death benefits; and
    (iii) medical expense benefits, which include:
    (A) hospital coverage;
    (B) surgical coverage;
    (C) prescription drug coverage; and
    (D) dental coverage. See Utah Code 34A-2-104
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
  • organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
    (i) who is or holds itself out to be:
    (A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
    (B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
    (C) established for any charitable purpose;
    (ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
    (iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
  • 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
  • Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means any natural person, corporation, partnership, organization, association, trust, or any other legal entity. See Utah Code 13-15-2
  • Person: means :Utah Code 68-3-12.5
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2
  • Personal property: includes :Utah Code 68-3-12.5
  • 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.
  • 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
  • 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.
  • Principal county: means the county in which the indexed office of a segment's associated entity is located. See Utah Code 11-13-602
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Professional fund raiser: means a person who:
    (i) for compensation or any other consideration, for or on behalf of a charitable organization or any other person:
    (A) solicits contributions; or
    (B) promotes or sponsors the solicitation of contributions;
    (ii) 
    (A) for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and
    (B) at any time has custody of a contribution for the charitable organization;
    (iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization;
    (iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
    (v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
  • Professional fund raising counsel or consultant: means a person who:
    (i) for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person;
    (ii) does not solicit contributions;
    (iii) does not at any time have custody of a contribution from solicitation; and
    (iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
  • 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
  • Proprietary fund: means enterprise funds and the internal service funds of an interlocal entity. See Utah Code 11-13-501
  • 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, local 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 Service Loan Forgiveness Program: means the Public Service Loan Forgiveness Program described in 34 C. See Utah Code 34-54-102
  • Public service organization: means the same as that term is defined in 34 C. See Utah Code 34-54-102
  • Purchaser: means a person who becomes obligated to pay for an assisted marketing plan. See Utah Code 13-15-2
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Recreational vehicle trailer: means a travel trailer, camping trailer, or fifth wheel trailer. See Utah Code 13-20-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Replacement project capacity: means electric generating capacity or transmission capacity that:
    (a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and
    (b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:
    (i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;
    (ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or
    (iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retained earnings: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Road: includes :Utah Code 68-3-12.5
  • Segment: means a segment created in accordance with Section 11-13-604. See Utah Code 11-13-602
  • Seller: means a person who sells or offers to sell an assisted marketing plan. See Utah Code 13-15-2
  • service mark: means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. See Utah Code 13-15-2
  • 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.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • solicitation: includes :
    (i) any of the following done, or purporting to be done, for a charitable purpose:
    (A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
    (B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
    (C) an application or other request for a grant; or
    (ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
  • solicitation of sale: means :
    (i) a sale or solicitation of goods or services in which:
    (A) 
    (I) the seller solicits the sale over the telephone;
    (II) the purchaser's agreement to purchase is made over the telephone; and
    (III) the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services;
    (B) the solicitor, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the solicitor;
    (C) the seller offers or promises a premium to a prospective purchaser if:
    (I) the seller induces the prospective purchaser to initiate a telephone contact with the telephone soliciting business; and
    (II) the resulting solicitation meets the requirements of Subsection (7)(a); or
    (D) the solicitor solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or
    (ii) a telephone solicitation as defined in Section 13-25a-102. See Utah Code 13-26-2
  • solicitor: means a person, partnership, limited liability company, corporation, or other entity that:
    (a) makes a telephone solicitation; or
    (b) causes a telephone solicitation to be made. See Utah Code 13-26-2
  • Special fund: means an interlocal entity fund other than the interlocal entity general fund. See Utah Code 11-13-501
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Student loan forgiveness program: means :
    (a) the Public Service Loan Forgiveness Program; or
    (b) the Teacher Loan Forgiveness Program. See Utah Code 34-54-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Supplier: includes :
    (i) any successor in interest, including a purchaser of assets or stock; and
    (ii) a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. See Utah Code 13-14b-102
  • Taxed interlocal entity: means :
    (a) a project entity that:
    (i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3, Project Entity Provisions;
    (ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than:
    (A) a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the project entity; or
    (B) a grant that is subject to accountability requirements and that the project entity receives for purposes related to a Utah interlocal energy hub, including research and development of technology, financing, construction, installation, operation, and other actions that the project entity may take with respect to a project; and
    (iii) does not receive, expend, or have the authority to compel payment from tax revenue; or
    (b) an interlocal entity that:
    (i) was created before 1981 for the purpose of providing power supply at wholesale to its members;
    (ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than:
    (A) a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the interlocal entity; or
    (B) a loan, grant, guaranty, transferable tax credit, cost-sharing arrangement, or other funding arrangement for an advanced nuclear power facility, as defined in 26 U. See Utah Code 11-13-602
  • Teacher: means the same as that term is defined in 34 C. See Utah Code 34-54-102
  • Teacher Loan Forgiveness Program: means the Teacher Loan Forgiveness Program described in 34 C. See Utah Code 34-54-102
  • Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
    (a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
    (b) soliciting a sale of or extension of credit for property or services to the person called;
    (c) soliciting information that will be used for:
    (i) the direct solicitation of a sale of property or services to the person called; or
    (ii) an extension of credit to the person called for a sale of property or services; or
    (d) soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose. See Utah Code 13-25a-102
  • Telephone soliciting business: means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to conduct telephone solicitations. See Utah Code 13-26-2
  • Telephone solicitor: means any natural person, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
    (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
    (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2
  • Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
    (a) in response to an express request of the person called;
    (b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
    (c) to any person with whom the telephone solicitor has an established business relationship; or
    (d) as required by law for a medical purpose. See Utah Code 13-25a-102
  • Use: includes , when constituting a noun, the corresponding nominal form of each term in Subsection (14)(a), individually. See Utah Code 11-13-602
  • Utah interlocal energy hub: means project entity-owned facilities that:
    (a) are located within the state; and
    (b) facilitate the coordination of resources and participants in a multi-county or interstate region for:
    (i) the generation of energy, including with hydrogen fuel;
    (ii) the transmission of energy;
    (iii) energy storage, including compressed air energy storage;
    (iv) producing environmental benefits; or
    (v) the production, storage, or transmission of fuel, including hydrogen fuel. See Utah Code 11-13-602
  • Utah public agency: means a public agency under Subsection (19)(a) or (b). See Utah Code 11-13-103
  • Vending device: includes machines, boxes, jars, wishing wells, barrels, or any other container. See Utah Code 13-22-2
  • Vending device decal: means any decal, tag, or similar designation material that is attached to a vending device, whether or not used or placed by a charitable organization or professional fund raiser, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. See Utah Code 13-22-2
  • Venue: The geographical location in which a case is tried.
  • Warranty claim: means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:
    (a) warranty issued by the supplier; or
    (b) recall or modification order issued by the supplier. See Utah Code 13-14b-102
  • Writing: includes :Utah Code 68-3-12.5
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