§ 11-17-1 Short title
§ 11-17-1.5 Purpose of chapter
§ 11-17-2 Definitions
§ 11-17-3 Powers of municipalities, counties, and state universities
§ 11-17-3.5 Powers of Military Installation Development Authority
§ 11-17-4 Bonds — Limitations — Form and provisions — Sale — Negotiability
§ 11-17-4.6 Bonds — Terms specified by governing body
§ 11-17-5 Security for bonds — Provisions in security agreements — Limitations — Liens
§ 11-17-6 Refunding bonds
§ 11-17-7 Disposition of proceeds of bonds
§ 11-17-8 Items included in cost of project
§ 11-17-9 Commingling of bond proceeds or revenues with other funds prohibited
§ 11-17-10 Tax exemption for property and bonds — Exception
§ 11-17-11 Construction of act
§ 11-17-12 Bonds — Eligibility as investments and for use as security
§ 11-17-13 Pledge and undertaking for the state
§ 11-17-14 Uniform Commercial Code not applicable
§ 11-17-15 Public bidding laws and rules not applicable
§ 11-17-16 Publication of resolutions and notice of bonds to be issued
§ 11-17-16.1 Agreements authorized by resolution
§ 11-17-17 State universities granted same powers as municipalities and counties — Authority to issue bonds
§ 11-17-17 v2 State universities granted same powers as municipalities and counties — Authority to issue bonds
§ 11-17-18 Powers of Governor’s Office of Economic Development
§ 11-17-20 Power of the Utah Charter School Finance Authority

Terms Used In Utah Code > Title 11 > Chapter 17

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
  • 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.
  • Alternate feed material: means a natural or native material:
    (i) mined for the extraction of its constituents or other matter from which source material may be extracted in a licensed uranium or thorium mill; and
    (ii) may be reprocessed for its source material content. See Utah Code 59-24-102
  • 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.
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
  • 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
  • Approved self-reliance training: means an educational class, training session, or counseling session:
    (a) approved by the department;
    (b) described in Section 35A-3-118; and
    (c) provided at no cost to a client. See Utah Code 35A-3-102
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • 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.
  • Assignment of support: means the transfer to the state of a recipient's right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance. See Utah Code 35A-3-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Average monthly number of families: means the average number of families who received cash assistance on a monthly basis during the previous federal fiscal year. See Utah Code 35A-3-102
  • 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.
  • 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.
  • base period: means the first four of the last five completed calendar quarters next preceding the first day of the individual's benefit year with respect to any individual whose benefit year commences on or after January 5, 1986. See Utah Code 35A-4-201
  • 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
  • Benefit cost rate: means benefit costs of all individuals paid in a calendar year, as defined in Subsection (2), including the state's share of extended benefit costs, divided by the total wages paid by all employers subject to contributions in the same calendar year, calculated to four decimal places, disregarding the remaining fraction, if any. See Utah Code 35A-4-301
  • Benefit costs: means the net money payments made to individuals who were employed by employers subject to contributions, excluding extended benefit costs, as provided in this chapter with respect to unemployment. See Utah Code 35A-4-301
  • Benefit year: means the 52 consecutive week period beginning with the first week with respect to which an individual files for benefits and is found to have an insured status. See Utah Code 35A-4-201
  • Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
  • Bequest: Property gifted by will.
  • Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2
  • Brine shrimp eggs: means dormant, early stage brine shrimp embryos encapsulated as cysts that are harvested from within the state. See Utah Code 59-23-3
  • Business entity: means a claimant that is a:
    (a) C corporation;
    (b) S corporation;
    (c) general partnership;
    (d) limited liability company;
    (e) limited liability partnership;
    (f) limited partnership; or
    (g) business entity similar to Subsections (1)(c) through (f):
    (i) with respect to which the business entity's income or losses are divided among and passed through to taxpayers; and
    (ii) as defined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-6-101
  • Business entity: means :
    (a) a sole proprietorship;
    (b) a corporation;
    (c) a partnership;
    (d) a limited liability company; or
    (e) an entity similar to one described in Subsections (1)(a) through (d). See Utah Code 34A-2-1002
  • Byproduct material: is a s defined in 42 U. See Utah Code 59-24-102
  • Calendar quarter: means the period of three consecutive months ending on March 31, June 30, September 30, or December 31, or the equivalent, as the department may by rule prescribe. See Utah Code 35A-4-201
  • Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
  • Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
  • Charitable organization: means an organization described in Section 501(c)(3) and exempt from tax under Section 501(a). See Utah Code 59-18-102
  • Child care: means the child care services defined in Section 35A-3-102 for:
    (a) children age 12 or younger; and
    (b) children with disabilities age 18 or younger. See Utah Code 35A-3-201
  • Child care provider association: means an association:
    (a) that has functioned as a child care provider association in the state for at least three years; and
    (b) is affiliated with a national child care provider association. See Utah Code 35A-3-201
  • Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102
  • 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
  • Civic organization: includes a community service club or organization, a charitable health care or service organization, a fraternal organization, a labor union, a minority or ethnic organization, a commercial or industrial organization, a commerce or business club, a private nonprofit organization, a private nonprofit corporation that provides funding to a community service organization, an organization that advocates or provides for the needs of persons with low incomes, a religious organization, and an organization that fosters strong neighborhoods and communities. See Utah Code 35A-3-102
  • claimant: means a resident or nonresident person. See Utah Code 59-6-101
  • Client: means an individual who the department has determined to be eligible for services or benefits under:
    (a) Chapter 3, Employment Support Act; and
    (b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102
  • Commission: means the Labor Commission. See Utah Code 34A-6-103
  • 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
  • Committee: means the Child Care Advisory Committee created in Section 35A-3-205. See Utah Code 35A-3-201
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Computation date: means July 1 of any year, beginning July 1, 1984. See Utah Code 35A-4-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ. See Utah Code 35A-4-201
  • Contribution year: means any calendar year beginning on January 1 and ending on December 31. See Utah Code 35A-4-301
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means :
    (a) any domestic corporation organized under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
    (b) any foreign corporation engaged in business in this state under Sections 16-6a-1501 through 16-6a-1518;
    (c) any project entity defined in Section 11-13-103; or
    (d) a public agency, as defined in Section 11-13-103, to the extent it owns an interest in facilities providing additional project capacity, as defined in Section 11-13-103. See Utah Code 59-8-103
  • 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 legislative body: means :Utah Code 68-3-12.5
  • Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of enrollment: means the date on which the applicant was approved as eligible for cash assistance. See Utah Code 35A-3-102
  • Date of hire: means the date a person who is homeless first performs labor or services for compensation for an employer. See Utah Code 35A-5-302
  • Decedent: means a deceased natural person. See Utah Code 59-11-102
  • 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.
  • Deficiency: is a s defined in Section 59-1-1402. See Utah Code 59-1-101
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • 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 assigned by the department to administer a program. See Utah Code 35A-3-102
  • Director: means the director of the Office of Child Care. See Utah Code 35A-3-201
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • diversion payment: means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under Part 3, Family Employment Program. See Utah Code 35A-3-102
  • Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103
  • Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
  • Division: means the Division of Boiler and Elevator Safety within the commission. See Utah Code 34A-7-202
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Economic service area: means an economic service area established in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102
  • Education or training: means education or training in accordance with 29 U. See Utah Code 35A-3-102
  • Elevator: means a hoisting and lowering mechanism:
    (i) equipped with a car or platform; and
    (ii) that moves in guides in a substantially vertical direction. See Utah Code 34A-7-202
  • Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103
  • Employer: means :
    (i) the state;
    (ii) a county, city, town, and school district in the state; and
    (iii) a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103
  • employer: means :
    (a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;
    (b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or
    (c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203
  • Employing unit: means :
    (i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:
    (A) partnership;
    (B) association;
    (C) trust;
    (D) estate;
    (E) joint stock company;
    (F) insurance company;
    (G) limited liability company;
    (H) limited liability partnership;
    (I) joint venture;
    (J) corporation, whether domestic or foreign;
    (K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);
    (L) the legal representative of a deceased person; or
    (M) a tribal unit; or
    (ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202
  • Employment assistance: means services or benefits provided by the department under:
    (a) Chapter 3, Employment Support Act; and
    (b) Chapter 5, Training and Workforce Improvement Act. See Utah Code 35A-1-102
  • Employment center: is a location in an economic service area where the services provided by an economic service area under Section 35A-2-201 may be accessed by a client. See Utah Code 35A-1-102
  • Employment counselor: means an individual responsible for developing an employment plan and coordinating the services and benefits under this title in accordance with Chapter 2, Economic Service Areas. See Utah Code 35A-1-102
  • Employment office: means a free public employment office or branch operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Utah Code 35A-4-201
  • Employment plan: means a written agreement between the department and a client that describes:
    (a) the relationship between the department and the client;
    (b) the obligations of the department and the client; and
    (c) the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102
  • Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including:
    (a) insulation in:
    (i) a wall, ceiling, roof, floor, or foundation; or
    (ii) a heating or cooling distribution system;
    (b) an insulated window or door, including:
    (i) a storm window or door;
    (ii) a multiglazed window or door;
    (iii) a heat-absorbing window or door;
    (iv) a heat-reflective glazed and coated window or door;
    (v) additional window or door glazing;
    (vi) a window or door with reduced glass area; or
    (vii) other window or door modifications that reduce energy loss;
    (c) an automatic energy control system;
    (d) in a building or a central plant, a heating, ventilation, or air conditioning and distribution system;
    (e) caulking or weatherstripping;
    (f) a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code;
    (g) an energy recovery system;
    (h) a daylighting system;
    (i) measures to reduce the consumption of water, through conservation or more efficient use of water, including:
    (i) installation of a low-flow toilet or showerhead;
    (ii) installation of a timer or timing system for a hot water heater; or
    (iii) installation of a rain catchment system; or
    (j) any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2
  • Engaging in business: means carrying on or causing to be carried on any activity through which goods or services are made or rendered by the taxpayer, except as provided in Section 59-7-102. See Utah Code 59-8-103
  • 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.
  • 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
  • Escalator: means a stairway, moving walkway, or runway that is:
    (i) power-driven;
    (ii) continuous; and
    (iii) used to transport one or more individuals. See Utah Code 34A-7-202
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estate: means a nonresident estate or a resident estate. See Utah Code 59-6-101
  • 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.
  • Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Extended benefits: has the meaning specified in Subsection 35A-4-402(7)(f). See Utah Code 35A-4-201
  • facility: means :
    (a) a facility licensed under Section 19-3-105; or
    (b) a uranium mill licensed under 10 C. See Utah Code 59-24-102
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. 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 credit: means the maximum amount of the credit for state death taxes allowed by Section 2011 in respect to a decedent's taxable estate. See Utah Code 59-11-102
  • Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34A-6-103
  • federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 35A-4-203
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2
  • First responder: means :
    (i) an emergency responder as defined in 29 C. See Utah Code 34A-2-1101
  • Fiscal year: means the year beginning with July 1 of one year and ending June 30 of the next year. See Utah Code 35A-4-301
  • 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
  • Franchise: means the same as that term is defined in 16 C. See Utah Code 34A-6-103
  • Franchise: means the same as that term is defined in 16 C. See Utah Code 35A-4-203
  • Franchise fee: is a s defined in 47 U. See Utah Code 59-26-102
  • Franchisee: means the same as that term is defined in 16 C. See Utah Code 34A-6-103
  • Franchisee: means the same as that term is defined in 16 C. See Utah Code 35A-4-203
  • Franchisor: means the same as that term is defined in 16 C. See Utah Code 34A-6-103
  • Franchisor: means the same as that term is defined in 16 C. See Utah Code 35A-4-203
  • Fraud: Intentional deception resulting in injury to another.
  • Full-time education or training: means training on a full-time basis as defined by the educational institution attended by the parent recipient. See Utah Code 35A-3-102
  • Fund: means the Unemployment Compensation Fund established by this chapter. See Utah Code 35A-4-201
  • 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 assistance: means financial assistance provided to a person under Part 4, General Assistance. See Utah Code 35A-3-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Governing body: means :
    (a) for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township;
    (b) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
    (c) for a state university except as provided in Subsection (4)(d), the board or body having the control and supervision of the state university; and
    (d) for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2
  • Government entity: means the state or any county, municipality, local district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
  • Governmental entity: is a s defined in Section 59-2-511. See Utah Code 35A-5-302
  • Gross estate: means "gross estate" as defined in Section 2031, Internal Revenue Code. See Utah Code 59-11-102
  • Gross receipts: means the totality of the consideration that the taxpayer receives for any good or service produced or rendered in the state without any deduction or expense paid or accrued in respect to it. See Utah Code 59-8-103
  • Gross receipts: means all consideration an owner or operator of a radioactive waste facility receives for the disposal of radioactive waste in the state, without any deduction or expense paid or accrued related to the disposal of the radioactive waste. See Utah Code 59-24-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Hospital: means an institution that is licensed, certified, or approved by the Department of Health as a hospital. See Utah Code 35A-4-202
  • Imminent danger: means a danger exists which reasonably could be expected to cause an occupational disease, death, or serious physical harm immediately, or before the danger could be eliminated through enforcement procedures under this chapter. See Utah Code 34A-6-103
  • Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insured average annual wage: means on or before the 15th day of May of each year, the total wages of insured workers for the preceding calendar year, divided by the average monthly number of insured workers, determined by dividing by 12 the total insured workers for the preceding calendar year as determined under the rules of the department calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
  • Insured average fiscal year wage: means on or before the 15th day of November of each year, the total wages of insured workers for the preceding fiscal year, divided by the average monthly number of insured workers, determined by dividing by 12 the total insured workers for the preceding fiscal year as determined under the rules of the department calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
  • Insured average fiscal year weekly wage: means the insured average fiscal year wage determined in Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
  • Insured status: means that an individual has, during the individual's base-period, performed services and earned wages in employment sufficient to qualify for benefits under Section 35A-4-403. See Utah Code 35A-4-201
  • Insured work: means employment for an employer, as defined in Section 35A-4-203. See Utah Code 35A-4-201
  • 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
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legatee: A beneficiary of a decedent
  • Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed clinical therapist: means an individual licensed by the state under:
    (a) Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
    (b) Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
    (c) Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act; or
    (d) Title 58, Chapter 61, Psychologist Licensing Act. See Utah Code 35A-3-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Minerals: means :
    (a) metalliferous minerals as defined in Section 59-2-102;
    (b) nonmetalliferous minerals as defined in Section 59-2-102; or
    (c) a combination of Subsections (4)(a) and (b). See Utah Code 59-6-101
  • 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: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2
  • Multi-channel video or audio service provider: includes the following except as specifically exempted by state or federal law:
    (i) a cable operator;
    (ii) a CATV provider;
    (iii) a multi-point distribution provider;
    (iv) a MMDS provider;
    (v) a SMATV operator;
    (vi) a direct-to-home satellite service provider; or
    (vii) a DBS provider. See Utah Code 59-26-102
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means a city or town. See Utah Code 59-26-102
  • 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
  • Municipality: means any incorporated city, town, or metro township in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2
  • National consensus standard: means any occupational safety and health standard or modification:
    (i) adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption;
    (ii) formulated in a manner which affords an opportunity for diverse views to be considered; and
    (iii) designated as such a standard by the secretary of the United States Department of Labor. See Utah Code 34A-6-103
  • New employer: means any employer who has been an employer as defined in this chapter and whose account has been chargeable with benefits for less than one fiscal year immediately preceding the computation date. See Utah Code 35A-4-301
  • Nonresident: means a decedent who was domiciled outside of this state at the time of death. See Utah Code 59-11-102
  • Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102
  • 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.
  • Obligor: means an individual:
    (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or
    (b) against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102
  • Office: means the Office of Child Care created in Section 35A-3-202. See Utah Code 35A-3-201
  • Other state: means any state in the United States other than this state, the District of Columbia, or any possession or territory of the United States. See Utah Code 59-11-102
  • Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment:
    (i) for goods or services not provided; or
    (ii) in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner or operator: means a person who owns, controls, or has the duty to control the operation of an elevator or escalator. See Utah Code 34A-7-202
  • Parent recipient: means a person who enters into an employment plan with the department to qualify for cash assistance under Part 3, Family Employment Program. See Utah Code 35A-3-102
  • 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.
  • Payroll: means total wages. See Utah Code 35A-4-301
  • Performance goals: means a target level of performance that will be compared to actual performance. See Utah Code 35A-3-102
  • Performance indicators: means actual performance information regarding a program or activity. See Utah Code 35A-3-102
  • Performance monitoring system: means a process to regularly collect and analyze performance information, including performance indicators and performance goals. See Utah Code 35A-3-102
  • Person: includes any natural person, corporation, association, partnership, joint venture, syndicate, estate, trust, or other entity under which business or other activities may be conducted. See Utah Code 59-11-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means :Utah Code 68-3-12.5
  • Person: means the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103
  • Person who is homeless: means an individual whose primary nighttime residence is:
    (a) a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or
    (b) a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility. See Utah Code 35A-5-302
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal representative: means the executor, administrator, or trustee of a decedent's estate, or, if there is no executor, administrator, or trustee appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property of the decedent. See Utah Code 59-11-102
  • Physician: means an individual licensed under:
    (i) Title 58, Chapter 67, Utah Medical Practice Act;
    (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
    (iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
    (iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-2-1101
  • 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.
  • Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2
  • 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.
  • Private foundation trust: means a trust (including a trust described in Section 4947(a)(1)) as defined in Section 509(a). See Utah Code 59-18-102
  • Probate: Proving a will
  • 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
  • Producer: means a person that:
    (a) produces or extracts minerals from deposits in this state; or
    (b) is the first purchaser of minerals produced or extracted from deposits in this state. See Utah Code 59-6-101
  • Project: means :
    (i) an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction:
    (A) that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes;
    (B) that is suitable to provide services to the general public;
    (C) that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or
    (D) that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions;
    (ii) any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment;
    (iii) an energy efficiency upgrade;
    (iv) a renewable energy system;
    (v) facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or
    (vi) any economic development or new venture investment fund to be raised other than from:
    (A) municipal or county general fund money;
    (B) money raised under the taxing power of any county or municipality; or
    (C) money raised against the general credit of any county or municipality. See Utah Code 11-17-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public assistance: means :
    (a) services or benefits provided under Chapter 3, Employment Support Act;
    (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
    (c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
    (d) SNAP benefits; and
    (e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
  • Publish: means publication in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 34A-6-103
  • Qualified employer: means any employer who was an employer as defined in this chapter during each quarter of the prior fiscal year immediately preceding the computation date. See Utah Code 35A-4-301
  • Qualifying period: means the four fiscal years immediately preceding the contribution year on or after January 1, 1985. See Utah Code 35A-4-301
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive waste: means :
    (a) alternate feed material;
    (b) byproduct material;
    (c) containerized class A waste;
    (d) processed class A waste; or
    (e) uncontainerized, unprocessed class A waste. See Utah Code 59-24-102
  • real property: includes :Utah Code 68-3-12.5
  • Recess: A temporary interruption of the legislative business.
  • Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • Renewable energy system: means a product, system, device, or interacting group of devices that is permanently affixed to real property and that produces energy from renewable resources, including:
    (a) a photovoltaic system;
    (b) a solar thermal system;
    (c) a wind system;
    (d) a geothermal system, including:
    (i) a direct-use system; or
    (ii) a ground source heat pump system;
    (e) a micro-hydro system; or
    (f) another renewable energy system approved by the governing body. See Utah Code 11-17-2
  • Reserve: means that amount of money in the fund which has been appropriated or is subject to appropriation by the Legislature, exclusive of money transferred to the fund under the Federal Employment Security Administrative Financing Act of 1954, 42 U. See Utah Code 35A-4-301
  • Resident: means a decedent who was domiciled in this state at the time of death. See Utah Code 59-11-102
  • Road: includes :Utah Code 68-3-12.5
  • Safety code: means the one or more codes adopted by the division in accordance with Subsection 34A-7-203(6) to be used in inspecting elevators and escalators. See Utah Code 34A-7-202
  • Secretary: means the secretary of the United States Department of Labor. See Utah Code 34A-6-103
  • 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.
  • Single minor parent: means a person under 18 years of age who is not married and has a minor child in the person's care and custody. See Utah Code 35A-3-102
  • SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-1-102
  • SNAP benefits: means a financial benefit, coupon, or privilege available under SNAP. See Utah Code 35A-1-102
  • social capital: means the value provided to the state by a civic organization, including values, cooperation, strength to families and neighborhoods, and ensuring livable communities and nurturing environments. See Utah Code 35A-3-502
  • Split interest trust: means a trust for individual and charitable beneficiaries that is subject to the provisions of Section 4947(a)(2). See Utah Code 59-18-102
  • Stabilization: means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. See Utah Code 35A-1-102
  • Standard: means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment. See Utah Code 34A-6-103
  • 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
  • State: includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. See Utah Code 35A-4-201
  • state plan: means the state plan submitted to the Secretary of the United States Department of Health and Human Services to receive funding from the United States through the Temporary Assistance for Needy Families Block Grant in accordance with 42 U. See Utah Code 35A-3-102
  • State university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • tax credit: means a tax credit that a claimant, estate, or trust may claim:
    (a) as provided by statute; and
    (b) regardless of whether the claimant, estate, or trust has a tax liability:
    (i) for a tax imposed under:
    (A) Chapter 7, Corporate Franchise and Income Taxes;
    (B) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
    (C) Chapter 10, Individual Income Tax Act; and
    (ii) for the taxable year for which the claimant, estate, or trust claims the tax credit. See Utah Code 59-6-101
  • Tax equivalent payment: means a payment required or authorized by statute to be made in lieu of ad valorem taxes on tax exempt property pursuant to a contract entered into under statutory authority and filed with the county assessor of the county in which the property is located. See Utah Code 59-3-102
  • Tax equivalent property: means property on which any tax equivalent payment is made. See Utah Code 59-3-102
  • Tax return: means a return required by:
    (a) Chapter 7, Corporate Franchise and Income Taxes;
    (b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
    (c) Chapter 10, Individual Income Tax Act. See Utah Code 59-6-101
  • Tax year: means a one-year period beginning on February 1 and ending on January 31 of the following year. See Utah Code 59-23-3
  • Taxable estate: means "taxable estate" as defined in Section 2051, Internal Revenue Code. See Utah Code 59-11-102
  • Taxable wages: means all remuneration paid by an employer to employees for insured work that is subject to unemployment insurance contributions. See Utah Code 35A-4-301
  • Taxable year: means the taxable year of a claimant, estate, or trust under:
    (a) Chapter 7, Corporate Franchise and Income Taxes;
    (b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
    (c) Chapter 10, Individual Income Tax Act. See Utah Code 59-6-101
  • Taxpayer: means any corporation, other than an eleemosynary, religious, or charitable institution, any insurance company, credit union, or Subchapter S organization, any nonprofit hospital, educational, welfare, or employee representation organization, or any mutual benefit association engaged in business in the state that is not otherwise required to pay income or franchise tax to the state under Title 59, Chapter 7, Corporate Franchise and Income Taxes. See Utah Code 59-8-103
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • 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.
  • Total wages: means all remuneration paid by an employer to employees for insured work. See Utah Code 35A-4-301
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means "transfer" as described in Section 2001, Internal Revenue Code. See Utah Code 59-11-102
  • Transitional cash assistance: means assistance provided to a recipient to stabilize employment and reduce the future use of cash assistance provided under Part 3, Family Employment Program. See Utah Code 35A-3-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal unit: means a subdivision, subsidiary, or business enterprise wholly owned by an American Indian tribe. See Utah Code 35A-4-201
  • Trust: means a nonresident trust or a resident trust. See Utah Code 59-6-101
  • Trust: means an express trust created by a trust instrument, including a will. See Utah Code 59-18-102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: means the trustee, trustees, person, or persons possessing a power or powers referred to in this chapter. See Utah Code 59-18-102
  • Trustee: A person or institution holding and administering property in trust.
  • Unemployment experience: means all factors, including benefit costs and taxable wages, which bear a direct relation to an employer's unemployment risk. See Utah Code 35A-4-301
  • 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
  • Unincorporated entity: means an entity organized or doing business in the state that is not:
    (i) an individual;
    (ii) a corporation; or
    (iii) publicly traded. See Utah Code 34A-6-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • User: means the person, whether natural or corporate, who will occupy, operate, maintain, and employ the facilities of, or manage and administer a project after the financing, acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise. See Utah Code 11-17-2
  • 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
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Variance: means a special, limited modification or change in the code or standard applicable to the particular establishment of the employer or person petitioning for the modification or change. See Utah Code 34A-6-103
  • 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
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Vulnerable populations: means children or adults with a life situation that substantially affects that individual's ability to:
    (a) provide personal protection;
    (b) provide necessities such as food, shelter, clothing, or mental or other health care;
    (c) obtain services necessary for health, safety, or welfare;
    (d) carry out the activities of daily living;
    (e) manage the adult's own financial resources; or
    (f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 35A-1-102
  • Wage requirement: means that an employer pays a person who is homeless $4,000 or more in wages during a time period that:
    (a) begins on the date of hire; and
    (b) ends no later than two calendar quarters after the calendar quarter in which the date of hire occurs. See Utah Code 35A-5-302
  • wages: means wages as currently defined by Section 3306(b), Internal Revenue Code of 1986, with modifications, subtractions, and adjustments provided in Subsections (2), (3), and (4). See Utah Code 35A-4-208
  • Waiver: means a workers' compensation coverage waiver issued under this part. See Utah Code 34A-2-1002
  • Week: means the period or periods of seven consecutive calendar days as the department may prescribe by rule. See Utah Code 35A-4-201
  • Withholding return: means a return a producer is required to file under this chapter. See Utah Code 59-6-101
  • Workplace: means any place of employment. See Utah Code 34A-6-103
  • 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
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