Terms Used In Utah Code > Title 11 > Chapter 13 - Interlocal Cooperation Act

• Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102
• 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 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. Affiliate: means a person that controls, is controlled by, or is under common control with: (a)  a commercial entity; and (b)  (i)  directly; or (ii)  indirectly through one or more intermediaries. See Utah Code 13-37-102 Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. 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. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301 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. Application: means a document: (a)  (i)  completed by an applicant to provide information about the risk to be insured; and (ii)  that contains information that is used by the insurer to evaluate risk and decide whether to: (A)  insure the risk under: (I)  the coverage as originally offered; or (II)  a modification of the coverage as originally offered; or (B)  decline to insure the risk; or (b)  used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 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. 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. 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. Attorney general: means the same as that term is defined in Section 77-42-102. See Utah Code 13-39-102 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 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bailiff: a court officer who enforces the rules of behavior in courtrooms. 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. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103 board: means the Utah Powersport Vehicle Franchise Advisory Board created in Section 13-35-103. See Utah Code 13-35-102 Board: means the Pawnshop, Secondhand Merchandise, and Catalytic Converter Advisory Board created by this chapter. See Utah Code 13-32a-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 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 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 entity: means a person that: (i)  has an office or other place of business located in the state; and (ii)  in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102 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 Compensation: means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information. See Utah Code 13-37-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Utah Code 13-40-102 Computer virus: means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on another computer or computer network without the authorization of the owner of the other computer or computer network. See Utah Code 13-40-102 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 transaction: includes : (i)  the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and (ii)  with respect to any transaction described in Subsection (4)(a): (A)  an offer or solicitation; (B)  an agreement; (C)  the performance of an agreement; or (D)  a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102 Contact point: means an electronic identification to which a communication may be sent, including: (a)  an email address; (b)  an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1); (c)  a mobile or other telephone number; (d)  a facsimile number; or (e)  an electronic address: (i)  similar to a contact point listed in this Subsection (2); and (ii)  defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102 Contract: A legal written agreement that becomes binding when signed. 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. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 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 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 Customer: means a person that: (a)  causes a molder to fabricate, cast, or otherwise make a mold; or (b)  provides a molder with a mold to make a product for the customer. See Utah Code 13-31-102 Damage: means any significant impairment to the: (a)  performance of a computer; or (b)  integrity or availability of data, software, a system, or information. See Utah Code 13-40-102 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 Dealership: means a site or location in this state: (a)  at which a franchisee conducts the business of a new powersport vehicle dealer; and (b)  that is identified as a new powersport vehicle dealer's principal place of business for registration purposes under Section 13-35-105. See Utah Code 13-35-102 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 Commerce. See Utah Code 13-35-102 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 Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to: (a)  perform the duties of: (i)  that individual's occupation; or (ii)  an occupation for which the individual is reasonably suited by education, training, or experience; or (b)  perform two or more of the following basic activities of daily living: (i)  eating; (ii)  toileting; (iii)  transferring; (iv)  bathing; or (v)  dressing. See Utah Code 31A-1-301 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 created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102 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 Employee: means : (a)  an individual employed by an employer; or (b)  an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301 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. 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. Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Executive director: means the executive director of the Department of Commerce. See Utah Code 13-35-102 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 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. False pretenses: means the representation of a fact or circumstance that is not true and is calculated to mislead. See Utah Code 13-40-102 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 Financial transaction card: includes : (i)  a credit card; (ii)  a credit plate; (iii)  a bank services card; (iv)  a banking card; (v)  a check guarantee card; (vi)  a debit card; (vii)  a telephone credit card; and (viii)  a device for access as defined in Section 7-16a-102. See Utah Code 13-38a-102 Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501 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. 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 Form: means one of the following prepared for general use: (i)  a policy; (ii)  a certificate; (iii)  an application; (iv)  an outline of coverage; or (v)  an endorsement. See Utah Code 31A-1-301 franchise agreement: means a written agreement, for a definite or indefinite period, in which: (a)  a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and (b)  a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102 Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102 Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes: (i)  the manufacturer or distributor of the new powersport vehicles; (ii)  an intermediate distributor; (iii)  an agent, officer, or field or area representative of the franchisor; and (iv)  a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102 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 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 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 described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103 Governing body: means the body established in an organizing resolution to govern a segment. See Utah Code 11-13-602 Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 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 Grantor: The person who establishes a trust and places property into it. Group insurance policy: means a policy covering a group of persons that is issued: (i)  to a policyholder on behalf of the group; and (ii)  for the benefit of a member of the group who is selected under a procedure defined in: (A)  the policy; or (B)  an agreement that is collateral to the policy. See Utah Code 31A-1-301 health insurance: means insurance providing: (i)  a health care benefit; or (ii)  payment of an incurred health care expense. See Utah Code 31A-1-301 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 Identifying information: means any information that can be used to access a person's financial accounts or to obtain goods and services, including the person's: (i)  address; (ii)  birth date; (iii)  Social Security number; (iv)  driver license number; (v)  non-driver governmental identification number; (vi)  telephone number; (vii)  bank account number; (viii)  student identification number; (ix)  credit or debit card number; (x)  personal identification number; (xi)  unique biometric data; (xii)  employee or payroll number; (xiii)  automated or electronic signature; (xiv)  computer image file; (xv)  photograph; or (xvi)  computer screen name or password. See Utah Code 13-40-102 IMEI number: means an International Mobile Equipment Identity number. See Utah Code 13-32a-102 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 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 Individual: means a natural person. See Utah Code 31A-1-301 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes: (i)  a policyholder; (ii)  a subscriber; (iii)  a member; and (iv)  a beneficiary. See Utah Code 31A-1-301 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Intentionally deceptive: means any of the following: (a)  an intentionally and materially false or fraudulent statement; (b)  a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or (c)  an intentional and material failure to provide a notice to an owner or operator concerning the installation or execution of computer software, for the purpose of deceiving the owner or operator. See Utah Code 13-40-102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC 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 Internal service funds: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. See Utah Code 13-40-102 Internet service provider: means : (a)  an Internet service provider, as defined in Section 76-10-1230; or (b)  a hosting company, as defined in Section 76-10-1230. See Utah Code 13-40-102 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 Law clerk: Assist judges with research and drafting of opinions. Lead: means the referral by a franchisor to a franchisee of an actual or potential customer for the purchase or lease of a new powersport vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-35-102 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 Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 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. Life insurance: means : (i)  insurance on a human life; and (ii)  insurance pertaining to or connected with human life. See Utah Code 31A-1-301 Line-make: means the powersport vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer of the powersport vehicle. See Utah Code 13-35-102 Lineal descendant: Direct descendant of the same ancestors. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Make: includes to manufacture, assemble, cast, or fabricate. See Utah Code 13-31-102 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 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 Message: means a graphical or text communication presented to an authorized user of a computer. See Utah Code 13-40-102 Mold: includes a die, form, or pattern. See Utah Code 13-31-102 Molder: includes a tool or die maker. See Utah Code 13-31-102 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. 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 New powersport vehicle dealer: means a person who is engaged in the business of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of business for the sale, lease, trade, or display of powersport vehicles. See Utah Code 13-35-102 Nonpublic personal information: includes : (i)  a person's Social Security number; (ii)  information used to determine a person's credit worthiness including a person's: (A)  income; or (B)  employment history; (iii)  the purchasing patterns of a person; or (iv)  the personal preferences of a person. See Utah Code 13-37-102 Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1 notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-35-102 Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-102 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. 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 Oversight: Committee review of the activities of a Federal agency or program. Owner or operator: means the owner or lessee of a computer, or a person using a computer with the owner's or lessee's authorization. See Utah Code 13-40-102 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 Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102 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. Personally identifiable information: means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer: (a)  the first name or first initial in combination with the last name and a home or other physical address including street name; (b)  a personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number, or other identification number transmitted by an authorized user to the issuer of the account or its agent; (c)  a Social Security number, tax identification number, driver license number, passport number, or any other government-issued identification number; or (d)  an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer. See Utah Code 13-40-102 Plaintiff: The person who files the complaint in a civil lawsuit. Pledgor: means an individual who conducts a pawn transaction with a pawnshop. See Utah Code 13-32a-102 Policy: includes a service contract issued by: (i)  a motor club under Chapter 11, Motor Clubs; (ii)  a service contract provided under Chapter 6a, Service Contracts; and (iii)  a corporation licensed under: (A)  Chapter 7, Nonprofit Health Service Insurance Corporations; or (B)  Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 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 Powersport vehicle: means : (i)  an all-terrain type I, type II, or type III vehicle "ATV" defined in Section 41-22-2; (ii)  a snowmobile as defined in Section 41-22-2; (iii)  a motorcycle as defined in Section 41-1a-102; (iv)  a personal watercraft as defined in Section 73-18-2; (v)  except as provided in Subsection (12)(b), a motor-driven cycle as defined in Section 41-6a-102; or (vi)  a moped as defined in Section 41-6a-102. See Utah Code 13-35-102 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: includes , however designated: (i)  an assessment; (ii)  a membership fee; (iii)  a required contribution; or (iv)  monetary consideration. See Utah Code 31A-1-301 Principal county: means the county in which the indexed office of a segment's associated entity is located. See Utah Code 11-13-602 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1 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 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 information: means a person's: (a)  name; (b)  telephone number; or (c)  street address. See Utah Code 13-37-102 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. Rate: means : (i)  the cost of a given unit of insurance; or (ii)  for property or casualty insurance, that cost of insurance per exposure unit either expressed as: (A)  a single number; or (B)  a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of: (I)  expenses; (II)  profit; and (III)  individual insurer variation in loss experience. See Utah Code 31A-1-301 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. Receipt: means any document related to the transaction of business provided to a person that uses a financial transaction card. See Utah Code 13-38a-102 Registry: means the child protection registry established in Section 13-39-201. See Utah Code 13-39-102 Relevant market area: means : (a)  for a powersport dealership in a county that has a population of less than 225,000: (i)  the county in which the powersport dealership exists or is to be established or relocated; and (ii)  in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or (b)  for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership. See Utah Code 13-35-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. 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 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 Rider: means an endorsement to: (a)  an insurance policy; or (b)  an insurance certificate. See Utah Code 31A-1-301 Scrap jewelry: means an item purchased solely: (a)  for its gold, silver, or platinum content; and (b)  for the purpose of reuse of the metal content. See Utah Code 13-32a-102 Secondhand merchandise dealer: includes a coin dealer and an automated recycling kiosk operator. See Utah Code 13-32a-102 Secondhand merchandise transaction: means the purchase or exchange of used or secondhand property. See Utah Code 13-32a-102 Segment: means a segment created in accordance with Section 11-13-604. See Utah Code 11-13-602 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 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. Subpoena: A command to a witness to appear and give testimony. substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-35-305 Summons: Another word for subpoena used by the criminal justice system. 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 3; (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 third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102 Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transaction card: means a card, code, or other means of access to a value with the retail business issued to a person that allows the person to obtain, purchase, or receive any of the following: (a)  goods; (b)  services; (c)  money; or (d)  anything else of value. See Utah Code 13-32a-102 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 Unit: means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21. See Utah Code 13-39-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 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 Venue: The geographical location in which a case is tried. Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5 Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102 Wireless communication device: means a cellular telephone or a portable electronic device designed to receive and transmit a text message, email, video, or voice communication. See Utah Code 13-32a-102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5