Terms Used In Utah Code > Title 11 > Chapter 13 > Part 3 - Project Entity Provisions

• 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 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 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Automated recycling kiosk: means an interactive machine that: (a)  is installed inside a commercial site used for the selling of goods and services to consumers; (b)  is monitored remotely by a live representative during the hours of operation; (c)  only engages in secondhand merchandise transactions involving wireless communication devices; and (d)  has the following technological functions: (i)  verifies the seller's identity by a live representative using the individual's identification; (ii)  generates a ticket; and (iii)  electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102 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 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 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. 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 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. County legislative body: means :Utah Code 68-3-12.5 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. Department: means the Department of Commerce. See Utah Code 13-35-102 Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is: (a)  owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and (b)  used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103 Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102 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 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 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. 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: 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. 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. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103 Grantor: The person who establishes a trust and places property into it. Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. 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 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 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 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. 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 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 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. 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 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. 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. 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 Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. 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 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 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 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 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 information: means a person's: (a)  name; (b)  telephone number; or (c)  street address. See Utah Code 13-37-102 Quorum: The number of legislators that must be present to do business. 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. 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 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 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. third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Venue: The geographical location in which a case is tried. 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