Part 1 General Provisions 11-36a-101 – 11-36a-102
Part 2 Impact Fees 11-36a-201 – 11-36a-206
Part 3 Establishing an Impact Fee 11-36a-301 – 11-36a-306
Part 4 Enactment of Impact Fees 11-36a-401 – 11-36a-403
Part 5 Notice 11-36a-501 – 11-36a-504
Part 6 Impact Fee Proceeds 11-36a-601 – 11-36a-603
Part 7 Challenges 11-36a-701 – 11-36a-705

Terms Used In Utah Code > Title 11 > Chapter 36a - Impact Fees Act

  • Account holder: means a person who has, or opens, an account or profile to use a social media company's platform. See Utah Code 13-63-101
  • Actuarial certification: means a written statement by a member of the American Academy of Actuaries or other individual approved by the commissioner that a covered carrier is in compliance with this chapter, based upon the examination of the covered carrier, including review of the appropriate records and of the actuarial assumptions and methods used by the covered carrier in establishing premium rates for applicable health benefit plans. See Utah Code 31A-30-103
  • Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
  • Addiction: means use of a social media platform that:
    (a) indicates the user's substantial preoccupation or obsession with, or the user's substantial difficulty to cease or reduce use of, the social media platform; and
    (b) causes physical, mental, emotional, developmental, or material harms to the user. See Utah Code 13-63-101
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • 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.
  • Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-28-203
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • affiliated: means a person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified person. See Utah Code 31A-30-103
  • Affiliated company: means a business entity that because of common ownership, control, operation, or management is in the same corporate or limited liability company system as:
    (i) a parent;
    (ii) an industrial insured; or
    (iii) a member organization. See Utah Code 31A-37-102
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Agent: means a person who is authorized to act on behalf of an owner with respect to a digital asset. See Utah Code 13-62-101
  • Agreement: means an agreement between:
    (a) a motorboat dealer; and
    (b) 
    (i) a manufacturer; or
    (ii) a distributor. See Utah Code 13-58-102
  • Alien captive insurance company: means an insurer:
    (a) formed to write insurance business for a parent or affiliate of the insurer; and
    (b) licensed pursuant to the laws of an alien or foreign jurisdiction that imposes statutory or regulatory standards:
    (i) on a business entity transacting the business of insurance in the alien or foreign jurisdiction; and
    (ii) in a form acceptable to the commissioner. See Utah Code 31A-37-102
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant captive insurance company: means an entity that has submitted an application for a certificate of authority for a captive insurance company, unless the application has been denied or withdrawn. See Utah Code 31A-37-102
  • 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: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appropriation: means an allocation of money for a specific purpose. See Utah Code 17-36-3
  • 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.
  • Association: means a legal association of two or more persons that meets the following requirements:
    (a) the persons are exposed to similar or related liability because of related, similar, or common business trade, products, services, premises, or operations; and
    (b) 
    (i) the association or the association's member organizations:
    (A) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;
    (B) have complete voting control over an association captive insurance company incorporated as a mutual insurer; or
    (C) have complete voting control over an association captive insurance company formed as a limited liability company; or
    (ii) the association's member organizations collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer. See Utah Code 31A-37-102
  • Association: means the Utah Life and Health Insurance Guaranty Association continued under Section 31A-28-106. See Utah Code 31A-28-105
  • Association account: means the Utah Property and Casualty Insurance Guaranty Association Account created by Section 31A-28-205. See Utah Code 31A-28-203
  • Association captive insurance company: means a business entity that insures risks of:
    (a) a member organization of the association;
    (b) an affiliate of a member organization of the association; and
    (c) the association. See Utah Code 31A-37-102
  • Average daily population: means the average daily number of individuals on parole or felony probation in the region during the applicable fiscal year. See Utah Code 64-13g-101
  • 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.
  • Bail bond: means a bail bond insurance product for a specified monetary amount that is:
    (a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
    (b) issued to a court, magistrate, or authorized officer to secure:
    (i) the release of a person from incarceration; and
    (ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
  • Bail bond agency: means any sole proprietor or entity that:
    (a) is licensed under Subsection 31A-35-404(1) or (2);
    (b) 
    (i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
    (ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
    (iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
    (c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
  • Bail bond insurance: means a guarantee that a person will attend court when required, up to and including surrender of the person in execution of a sentence imposed under Subsection 77-20-501(1), as a condition to the release of that person from confinement. See Utah Code 31A-1-301
  • Bail bond producer: means an individual who:
    (a) is appointed by:
    (i) a surety insurer that sells bail bonds; or
    (ii) a bail bond agency licensed under this chapter;
    (b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
    (c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the covered carrier to covered insureds with similar case characteristics for health benefit plans with the same or similar coverage. See Utah Code 31A-30-103
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Baseline probation employment rate: means the average of the probation employment rates for fiscal years 2023, 2024, and 2025. See Utah Code 64-13g-101
  • Behavioral health transition facility: means a nonsecure correctional facility operated by the department for the purpose of providing a therapeutic environment for offenders receiving mental health services. See Utah Code 64-13-1
  • Biological sample: means any human material known to contain DNA, including tissue, blood, urine, or saliva. See Utah Code 13-60-102
  • Board: means the Bail Bond Oversight Board created in Section 31A-35-201. See Utah Code 31A-35-102
  • Board of directors: means the board of directors established under Section 31A-28-107. See Utah Code 31A-28-105
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Bona fide employer association: means an association of employers:
    (i) that meets the requirements of Section 31A-22-505;
    (ii) in which the employers of the association, either directly or indirectly, exercise control over the plan;
    (iii) that is organized:
    (A) based on a commonality of interest between the employers and their employees that participate in the plan by some common economic or representation interest or genuine organizational relationship unrelated to the provision of benefits; and
    (B) to act in the best interests of its employers to provide benefits for the employer's employees and their spouses and dependents, and other benefits relating to employment; and
    (iv) whose association sponsored health plan complies with 45 C. See Utah Code 31A-30-103
  • Branch business: means an insurance business transacted by a branch captive insurance company in this state. See Utah Code 31A-37-102
  • Branch captive insurance company: means an alien captive insurance company that has a certificate of authority from the commissioner to transact the business of insurance in this state through a captive insurance company that is domiciled outside of this state. See Utah Code 31A-37-102
  • Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
  • Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
  • Budgetary fund: means a fund for which a budget is required, such as those described in Section 17-36-8. See Utah Code 17-36-3
  • Business entity: means :
    (a) a corporation;
    (b) an association;
    (c) a partnership;
    (d) a limited liability company;
    (e) a limited liability partnership; or
    (f) another legal entity. See Utah Code 31A-1-301
  • Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
  • business of insurance: includes :
    (a) providing health care insurance by an organization that is or is required to be licensed under this title;
    (b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
    (i) by a single employer or by multiple employer groups; or
    (ii) through one or more trusts, associations, or other entities;
    (c) providing an annuity:
    (i) including an annuity issued in return for a gift; and
    (ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
    (d) providing the characteristic services of a motor club;
    (e) providing another person with insurance;
    (f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
    (g) transacting or proposing to transact any phase of title insurance, including:
    (i) solicitation;
    (ii) negotiation preliminary to execution;
    (iii) execution of a contract of title insurance;
    (iv) insuring; and
    (v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
    (h) transacting or proposing a life settlement; and
    (i) doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
  • Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
    (a) Section 31A-8-205; or
    (b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
  • Cap: means no more than 20% above the community supervision percentage multiplied by the community correctional center projection. See Utah Code 64-13f-102
  • Captive insurance company: includes any of the following formed or holding a certificate of authority under this chapter:
    (i) a branch captive insurance company;
    (ii) a pure captive insurance company;
    (iii) an association captive insurance company;
    (iv) a sponsored captive insurance company;
    (v) an industrial insured captive insurance company, including an industrial insured captive insurance company formed as a risk retention group captive in this state pursuant to the provisions of the Federal Liability Risk Retention Act of 1986;
    (vi) a special purpose captive insurance company; or
    (vii) a special purpose financial captive insurance company. See Utah Code 31A-37-102
  • Captive insurance company: means :
    (a) an insurer:
    (i) owned by a parent organization; and
    (ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
    (A) Chapter 37, Captive Insurance Companies Act; and
    (B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
    (b) in the case of a group or association, an insurer:
    (i) owned by the insureds; and
    (ii) whose purpose is to insure risks of:
    (A) a member organization;
    (B) a group member; or
    (C) an affiliate of:
    (I) a member organization; or
    (II) a group member. See Utah Code 31A-1-301
  • Career service position: means any position in the county service except those exempted under Section 17-33-8. See Utah Code 17-33-2
  • Carrier: means a person that provides health insurance in this state including:
    (a) an insurance company;
    (b) a prepaid hospital or medical care plan;
    (c) a health maintenance organization;
    (d) a multiple employer welfare arrangement; and
    (e) another person providing a health insurance plan under this title. See Utah Code 31A-30-103
  • Case action plan: means a document developed by the Department of Corrections that identifies:
    (a) the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and
    (b) clearly defined completion requirements. See Utah Code 64-13-1
  • case characteristics: means demographic or other objective characteristics of a covered insured that are considered by the carrier in determining premium rates for the covered insured. See Utah Code 31A-30-103
  • Casualty insurance: means liability insurance. See Utah Code 31A-1-301
  • Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter school: includes :
    (a) an operating charter school;
    (b) an applicant for a charter school whose application has been approved by a charter school authorizer as provided in 6; and
    (c) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claimant: means :
    (i) an insured making a first-party claim; or
    (ii) a person instituting a liability claim. See Utah Code 31A-28-203
  • Class of business: means all or a separate grouping of covered insureds that is permitted by the commissioner in accordance with Section 31A-30-105. See Utah Code 31A-30-103
  • Commissioner: means Utah's Insurance Commissioner or the commissioner's designee. See Utah Code 31A-37-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Common ownership and control: means that two or more captive insurance companies are owned or controlled by the same person or group of persons as follows:
    (a) in the case of a captive insurance company that is a stock corporation, the direct or indirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
    (b) in the case of a captive insurance company that is a mutual corporation, the direct or indirect ownership of 80% or more of the surplus and the voting power of the mutual corporation;
    (c) in the case of a captive insurance company that is a limited liability company, the direct or indirect ownership by the same member or members of 80% or more of the membership interests in the limited liability company; or
    (d) in the case of a sponsored captive insurance company, a protected cell is a separate captive insurance company owned and controlled by the protected cell's participant, only if:
    (i) the participant is the only participant with respect to the protected cell; and
    (ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored captive insurance company through common ownership and control. See Utah Code 31A-37-102
  • Community correctional center: means a nonsecure correctional facility operated by the department, but does not include a behavioral health transition facility for the purposes of Section 64-13f-103. See Utah Code 64-13-1
  • Community correctional center: means the same as that term is defined in Section 64-13-1. See Utah Code 64-13f-102
  • Community supervision percentage: means the percentage calculated by dividing the total number of offenders supervised in the community by the department in each county or county zone by the total number of offenders supervised in the community by the department. See Utah Code 64-13f-102
  • company: means an entity that:
    (a) offers consumer genetic testing products or services directly to consumers; or
    (b) collects, uses, or analyzes genetic data that a consumer provides to the entity. See Utah Code 13-60-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consultant: means a person who:
    (a) advises another person about insurance needs and coverages;
    (b) is compensated by the person advised on a basis not directly related to the insurance placed; and
    (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Consumer: means an individual who is a resident of the state. See Utah Code 13-60-102
  • Contract: A legal written agreement that becomes binding when signed.
  • contract owner: means a person who:
    (i) is identified as the legal owner under the terms of the policy or contract; or
    (ii) is otherwise vested with legal title to the policy or contract through a valid assignment:
    (A) completed in accordance with the terms of the policy or contract; and
    (B) properly recorded as the owner on the books of the insurer. See Utah Code 31A-28-105
  • Contractor: means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility. See Utah Code 64-13d-102
  • Control: means :
    (a) an owner or an agent has the exclusive legal authority to conduct a transaction relating to the digital asset, including by means of a private key or the use of a multi-signature arrangement the owner or agent authorizes; or
    (b) a secured party has created a smart contract which gives the secured party exclusive legal authority to conduct a transaction relating to a digital security. See Utah Code 13-62-101
  • Controlled unaffiliated business: means a business entity:
    (a) 
    (i) in the case of a pure captive insurance company, that is not in the corporate or limited liability company system of a parent or the parent's affiliate; or
    (ii) in the case of an industrial insured captive insurance company, that is not in the corporate or limited liability company system of an industrial insured or an affiliated company of the industrial insured;
    (b) 
    (i) in the case of a pure captive insurance company, that has a contractual relationship with a parent or affiliate; or
    (ii) in the case of an industrial insured captive insurance company, that has a contractual relationship with an industrial insured or an affiliated company of the industrial insured; and
    (c) whose risks that are or will be insured by a pure captive insurance company, an industrial insured captive insurance company, or both, are managed in accordance with Subsection 31A-37-106(1)(j) by:
    (i) 
    (A) a pure captive insurance company; or
    (B) an industrial insured captive insurance company; or
    (ii) a parent or affiliate of:
    (A) a pure captive insurance company; or
    (B) an industrial insured captive insurance company. See Utah Code 31A-37-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
    (a) by the department; or
    (b) under a contract with the department. See Utah Code 64-13-1
  • Correctional services: means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care. See Utah Code 64-13d-102
  • Council: means the career service council, a three-member appeals and personnel advisory board. See Utah Code 17-33-2
  • County executive: means :Utah Code 68-3-12.5
  • County general fund: means the general fund used by a county. See Utah Code 17-36-3
  • County legislative body: means :Utah Code 68-3-12.5
  • County zone: means the eastern zone, northern zone, or western zone. See Utah Code 64-13f-102
  • Countywide service: means a service provided in both incorporated and unincorporated areas of a county. See Utah Code 17-36-3
  • Covered carrier: means an individual carrier or small employer carrier subject to this chapter. See Utah Code 31A-30-103
  • Covered claim: means an unpaid claim, including an unpaid claim under a personal lines policy for unearned premiums submitted by a claimant, if:
    (i) the claim arises out of the coverage;
    (ii) the claim is within the coverage;
    (iii) the claim is not in excess of the applicable limits of an insurance policy to which this part applies;
    (iv) the insurer who issued the policy becomes an insolvent insurer; and
    (v) 
    (A) the claimant or insured is a resident of this state at the time of the insured event; or
    (B) the claim is a first-party claim for damage to property that is permanently located in this state. See Utah Code 31A-28-203
  • Covered individual: means an individual who is covered under a health benefit plan subject to this chapter. See Utah Code 31A-30-103
  • Covered insureds: means small employers and individuals who are issued a health benefit plan that is subject to this chapter. See Utah Code 31A-30-103
  • 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
  • Creditor: means a person, including an insured, having a claim, whether:
    (a) matured;
    (b) unmatured;
    (c) liquidated;
    (d) unliquidated;
    (e) secured;
    (f) unsecured;
    (g) absolute;
    (h) fixed; or
    (i) contingent. See Utah Code 31A-1-301
  • Criminal act: means an act for which a person receives a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 31A-37-102
  • Criminal risk factors: means an individual's characteristics and behaviors that:
    (a) affect the individual's risk of engaging in criminal behavior; and
    (b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in a reduced risk of criminal behavior. See Utah Code 64-13-1
  • Current period: means the fiscal period in which a budget is prepared and adopted. See Utah Code 17-36-3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deidentified data: means data that:
    (a) cannot reasonably be linked to an identifiable individual; and
    (b) possessed by a company that:
    (i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
    (ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
    (iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data. See Utah Code 13-60-102
  • Department: means the Department of Corrections. See Utah Code 64-9b-2
  • Department: means the Department of Corrections. See Utah Code 64-13-1
  • Department: means the Department of Corrections. See Utah Code 64-13f-102
  • Department: means the Department of Corrections. See Utah Code 64-13g-101
  • Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • Development activity: means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. See Utah Code 11-36a-102
  • Development approval: means :
    (a) except as provided in Subsection (4)(b), any written authorization from a local political subdivision that authorizes the commencement of development activity;
    (b) development activity, for a public entity that may develop without written authorization from a local political subdivision;
    (c) a written authorization from a public water supplier, as defined in Section 73-1-4, or a private water company:
    (i) to reserve or provide:
    (A) a water right;
    (B) a system capacity; or
    (C) a distribution facility; or
    (ii) to deliver for a development activity:
    (A) culinary water; or
    (B) irrigation water; or
    (d) a written authorization from a sanitary sewer authority, as defined in Section 10-9a-103:
    (i) to reserve or provide:
    (A) sewer collection capacity; or
    (B) treatment capacity; or
    (ii) to provide sewer service for a development activity. See Utah Code 11-36a-102
  • Digital asset: includes :
    (i) a digital user asset; or
    (ii) a digital security. See Utah Code 13-62-101
  • Digital security: means a digital asset which constitutes a security, as that term is defined in Section 70A-8-101. See Utah Code 13-62-101
  • Digital user asset: includes an open blockchain token. See Utah Code 13-62-101
  • Direct supervision: means a housing and supervision system that is designed to meet the goals described in Subsection 64-13-14(5) and has the elements described in Subsection 64-13-14(6). See Utah Code 64-13-1
  • Director: means the director of the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-63-101
  • Director: means the director of personnel management. See Utah Code 17-33-2
  • Director: means the director of the Division of Consumer Protection. See Utah Code 13-57-102
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means a person who:
    (a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and
    (b) in whole or in part sells or distributes motorboats to motorboat dealers. See Utah Code 13-58-102
  • Division: means the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-63-101
  • division: means the Division of Correctional Industries. See Utah Code 64-13a-3
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
  • Division: means the Division of Consumer Protection. See Utah Code 13-53-102
  • Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
  • DNA: means deoxyribonucleic acid. See Utah Code 13-60-102
  • DNA: means :
    (a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis; or
    (b) proteins, enzymes, or other molecules associated with a genetic process, which may be modified, replaced in part or whole, superseded, or bypassed in function by a health or medical procedure. See Utah Code 13-60-203
  • Eastern zone: means , except as provided in Subsection (7)(b), Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties. See Utah Code 64-13f-102
  • Educational entity: means a public school, an LEA, a charter school, the Utah Schools for the Deaf and Blind, a private school, a denominational school, a parochial school, a community college, a state college, a state university, or a nonprofit private postsecondary educational institution. See Utah Code 13-63-101
  • Eligible employment: means an occupation, or combined occupations, that:
    (a) consist of at least 130 hours in a 30-day period; and
    (b) are verified via paystubs, employment letters, contracts, or other reliable methods, as determined by the department. See Utah Code 64-13g-101
  • Emergency: means any riot, disturbance, homicide, inmate violence occurring in any correctional facility, or any situation that presents immediate danger to the safety, security, and control of the department. See Utah Code 64-13-1
  • 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
  • Employer: means the same as that term is defined in Section 34A-2-103. See Utah Code 13-60-203
  • Enactment: means :
    (a) a municipal ordinance, for a municipality;
    (b) a county ordinance, for a county; and
    (c) a governing board resolution, for a special district, special service district, or private entity. See Utah Code 11-36a-102
  • Encumber: means :
    (a) a pledge to retire a debt; or
    (b) an allocation to a current purchase order or contract. See Utah Code 11-36a-102
  • Encumbrance system: means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. See Utah Code 17-36-3
  • Enrollee: includes an insured. See Utah Code 31A-1-301
  • Enrollee: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-59-102
  • 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
  • Establisher: means a person who establishes a business entity or a trust. See Utah Code 31A-37-102
  • Estimated revenue: means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. See Utah Code 17-36-3
  • 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.
  • Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1
  • Evidence-based: means a supervision policy, procedure, program, or practice demonstrated by scientific research to reduce recidivism of individuals on parole or felony probation. See Utah Code 64-13g-101
  • Evidence-informed: means a program or practice that is based on research and the experience and expertise of the department. See Utah Code 64-13-1
  • Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
    (a) a specific physical condition;
    (b) a specific medical procedure;
    (c) a specific disease or disorder; or
    (d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
  • 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 Corrections. See Utah Code 64-13-1
  • Express consent: means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose. See Utah Code 13-60-102
  • Facility: means a private correctional facility established or operated under a contract with the department. See Utah Code 64-13d-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • Finance officer: means :
    (a) the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or
    (b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3
  • Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
  • Fund balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
  • General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
  • Genetic data: includes :
    (i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
    (ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
    (iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:
    (A) uses for scientific research or product development; and
    (B) analyzes in connection with the consumer's raw sequence data. See Utah Code 13-60-102
  • Genetic procedure: means any therapy, treatment, or medical procedure that is intended to:
    (a) add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or
    (b) replace, supersede, or bypass a normal DNA function. See Utah Code 13-60-203
  • genetic test: means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Utah Code 13-60-203
  • Genetic testing: means :
    (a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
    (b) an interpretation of a consumer's genetic data. See Utah Code 13-60-102
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • 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 the persons who hold the ultimate authority to direct and manage the affairs of an entity. See Utah Code 31A-37-102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health benefit plan: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-59-102
  • Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
    (a) a professional service;
    (b) a personal service;
    (c) a facility;
    (d) equipment;
    (e) a device;
    (f) supplies; or
    (g) medicine. See Utah Code 31A-1-301
  • Health care insurance: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-60-203
  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-57-102
  • Health care provider: means a person licensed to provide health care under:
    (a) 2; or
    (b) Title 58, Occupations and Professions. See Utah Code 13-59-102
  • 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
  • Highway: includes :Utah Code 68-3-12.5
  • Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system of a municipality, county, special district, special service district, or private entity. See Utah Code 11-36a-102
  • Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
  • Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. See Utah Code 11-36a-102
  • Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
  • Impaired insurer: means a member insurer that is not an insolvent insurer and:
    (a) is considered by the commissioner to be hazardous pursuant to this title; or
    (b) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Utah Code 31A-28-105
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indemnitor: means an entity or natural person that enters into an agreement with a bail bond agency to hold the bail bond agency harmless from loss incurred as a result of executing a bail bond. See Utah Code 31A-35-102
  • Index rate: means , for each class of business as to a rating period for covered insureds with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. See Utah Code 31A-30-103
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Individual: means a person who:
    (a) resides in this state; and
    (b) has or may have a pending legal action in this state. See Utah Code 13-57-102
  • Individual carrier: means a carrier that provides coverage on an individual basis through a health benefit plan regardless of whether:
    (a) coverage is offered through:
    (i) an association;
    (ii) a trust;
    (iii) a discretionary group; or
    (iv) other similar groups; or
    (b) the policy or contract is situated out-of-state. See Utah Code 31A-30-103
  • Industrial insured: means an insured:
    (a) that produces insurance:
    (i) by the services of a full-time employee acting as a risk manager or insurance manager; or
    (ii) using the services of a regularly and continuously qualified insurance consultant;
    (b) whose aggregate annual premiums for insurance on all risks total at least $25,000; and
    (c) that has at least 25 full-time employees. See Utah Code 31A-37-102
  • Industrial insured captive insurance company: means a business entity that:
    (a) insures risks of the industrial insureds that comprise the industrial insured group; and
    (b) may insure the risks of:
    (i) an affiliated company of an industrial insured; or
    (ii) a controlled unaffiliated business of:
    (A) an industrial insured; or
    (B) an affiliated company of an industrial insured. See Utah Code 31A-37-102
  • Industrial insured group: means :
    (a) a group of industrial insureds that collectively:
    (i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated or organized as a limited liability company as a stock insurer; or
    (ii) have complete voting control over an industrial insured captive insurance company incorporated or organized as a limited liability company as a mutual insurer;
    (b) a group that is:
    (i) created under the Product Liability Risk Retention Act of 1981, 15 U. See Utah Code 31A-37-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inmate: means any man or woman who is under the jurisdiction of the department and who is assigned to the Utah state prison or to a county jail. See Utah Code 64-9b-2
  • Inmate: means an individual who is:
    (a) committed to the custody of the department; and
    (b) housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1
  • insolvent: means that:
    (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
    (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
    (c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
  • Insolvent insurer: means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Utah Code 31A-28-105
  • Insolvent insurer: means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Utah Code 31A-28-203
  • 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
  • insurance company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. 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
  • Interactive computer service: includes :
    (i) a web service;
    (ii) a web system;
    (iii) a website;
    (iv) a web application; or
    (v) a web portal. See Utah Code 13-63-101
  • 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 loan of cash from one fund to another, subject to future repayment. See Utah Code 17-36-3
  • 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 period: means the fiscal period next preceding the current period. See Utah Code 17-36-3
  • 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 funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102
  • 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
  • Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. See Utah Code 11-36a-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited lines producer: means a person who sells, solicits, or negotiates limited lines insurance. See Utah Code 31A-1-301
  • Liquid assets: means financial holdings that can be converted into cash in a timely manner without the loss of principal. See Utah Code 31A-35-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
  • Maintenance funding agreement: means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual. See Utah Code 13-57-102
  • Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new motorboats for the purpose of sale or trade. See Utah Code 13-58-102
  • Marginal cost of incarceration: means the total costs of incarceration, per inmate, that fluctuate based on inmate population. See Utah Code 64-13g-101
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Member insurer: includes an insurer whose license or certificate of authority in this state may have been:
    (i) suspended;
    (ii) revoked;
    (iii) not renewed; or
    (iv) voluntarily withdrawn. See Utah Code 31A-28-105
  • Member insurer: means any person who:
    (a) writes any kind of insurance to which this part applies under Section 31A-28-202, including the exchange of reciprocal or inter-insurance contracts; and
    (b) is licensed to transact insurance in this state. See Utah Code 31A-28-203
  • Member organization: means a person that belongs to an association. See Utah Code 31A-37-102
  • Merit system: means a system of personnel administration based on the principles set forth in Section 17-33-3. See Utah Code 17-33-2
  • Minor: means an individual who is under the age of 18 and:
    (a) has not been emancipated as that term is defined in Section 80-7-102; or
    (b) has not been married. See Utah Code 13-63-101
  • 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.
  • Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 13-58-102
  • Motorboat dealer: means a person who:
    (a) is engaged in the business of buying, selling, offering for sale, or exchanging new motorboats either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and
    (b) has established in this state a place of business for the sale, lease, trade, or display of new motorboats. See Utah Code 13-58-102
  • Multi-signature arrangement: means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the asset, in which two or more private keys are required to conduct a transaction. See Utah Code 13-62-101
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipal service: means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. See Utah Code 17-36-3
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • mutual corporation: means a mutual insurance corporation. See Utah Code 31A-1-301
  • Net direct written premiums: means direct gross premiums written in this state on insurance policies that this part applies to, less return premiums and dividends paid or credited to policyholders on the direct business. See Utah Code 31A-28-203
  • New business premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or offered, or that could have been charged or offered, by the carrier to covered insureds with similar case characteristics for newly issued health benefit plans with the same or similar coverage. See Utah Code 31A-30-103
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Northern zone: means , except as provided in Subsection (8)(b), Box Elder, Cache, Morgan, Rich, Summit, and Wasatch counties. See Utah Code 64-13f-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
    (a) committed to the custody of the department;
    (b) on probation; or
    (c) on parole. See Utah Code 64-13-1
  • Offender: means the same as that term is defined in Section 64-13-1. See Utah Code 64-13f-102
  • Office: means the Governor's Office of Planning and Budget. See Utah Code 64-13g-101
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a person that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding securities of an organization. See Utah Code 31A-37-102
  • Parole employment rate: means the percentage of individuals on parole who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year. See Utah Code 64-13g-101
  • Participant: means an entity that is insured by a sponsored captive insurance company:
    (a) if the losses of the participant are limited through a participant contract to the assets of a protected cell; and
    (b) 
    (i) the entity is permitted to be a participant under Section 31A-37-403; or
    (ii) the entity is an affiliate of an entity permitted to be a participant under Section 31A-37-403. See Utah Code 31A-37-102
  • Participant contract: means a contract by which a sponsored captive insurance company:
    (a) insures the risks of a participant; and
    (b) limits the losses of the participant to the assets of a protected cell. See Utah Code 31A-37-102
  • 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.
  • 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 an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Personal lines policy: means an insurance policy issued to an individual that:
    (a) insures a motor vehicle used for personal purposes and not used in trade or business; or
    (b) insures a residential dwelling. See Utah Code 31A-28-203
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Plan year: means :
    (a) the year that is designated as the plan year in:
    (i) the plan document of a group health plan; or
    (ii) a summary plan description of a group health plan;
    (b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:
    (i) the year used to determine deductibles or limits;
    (ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or
    (iii) the employer's taxable year if:
    (A) the plan does not impose deductibles or limits on a yearly basis; and
    (B) 
    (I) the plan is not insured; or
    (II) the insurance policy is not renewed on an annual basis; or
    (c) in a case not described in Subsection (144)(a) or (b), the calendar year. See Utah Code 31A-1-301
  • 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.
  • 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
  • Position classification: means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied. See Utah Code 17-33-2
  • Post: means content that an account holder makes available on a social media platform for other account holders or users to view. See Utah Code 13-63-101
  • 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
  • PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
  • Premium: means money paid by covered insureds and covered individuals as a condition of receiving coverage from a covered carrier, including fees or other contributions associated with the health benefit plan. See Utah Code 31A-30-103
  • Premium: means the specified monetary amount used to purchase a bail bond. See Utah Code 31A-35-102
  • 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
  • premiums: means an amount or consideration received on covered policies or contracts, less:
    (i) returned:
    (A) premiums;
    (B) considerations; and
    (C) deposits; and
    (ii) dividends and experience credits. See Utah Code 31A-28-105
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means a person that:
    (a) guarantees the performance of a bail bond; or
    (b) owns not less than 10% of the bail bond agency. See Utah Code 31A-35-102
  • Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:
    (a) specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or
    (b) functional condition of development approval because the private entity:
    (i) has no reasonably equivalent competition in the immediate market; and
    (ii) is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102
  • Private genetic information: means any information about an identifiable individual that:
    (i) is derived from:
    (A) the presence, absence, alteration, or mutation of an inherited gene or genes; or
    (B) the presence or absence of a specific DNA marker or markers; and
    (ii) has been obtained:
    (A) from a genetic test or analysis of the individual's DNA;
    (B) from a genetic test or analysis of the DNA of a blood relative of the individual; or
    (C) from a genetic procedure. See Utah Code 13-60-203
  • Private key: means a unique element of cryptographic data, which is:
    (a) held by a person;
    (b) paired with a unique, publicly available element of cryptographic data; and
    (c) associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction. See Utah Code 13-62-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • Probation employment rate: means the percentage of individuals on felony probation who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year. See Utah Code 64-13g-101
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • 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 licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Program: means the Adult Probation and Parole Employment Incentive Program, created in Section 64-13g-102. See Utah Code 64-13g-101
  • Project improvements: means site improvements and facilities that are:
    (i) planned and designed to provide service for development resulting from a development activity;
    (ii) necessary for the use and convenience of the occupants or users of development resulting from a development activity; and
    (iii) not identified or reimbursed as a system improvement. See Utah Code 11-36a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. See Utah Code 11-36a-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected cell: means a separate account established and maintained by a sponsored captive insurance company for one participant. See Utah Code 31A-37-102
  • Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity:
    (a) water rights and water supply, treatment, storage, and distribution facilities;
    (b) wastewater collection and treatment facilities;
    (c) storm water, drainage, and flood control facilities;
    (d) municipal power facilities;
    (e) roadway facilities;
    (f) parks, recreation facilities, open space, and trails;
    (g) public safety facilities;
    (h) environmental mitigation as provided in Section 11-36a-205; or
    (i) municipal natural gas facilities. See Utah Code 11-36a-102
  • Public safety facility: means :
    (i) a building constructed or leased to house police, fire, or other public safety entities; or
    (ii) a fire suppression vehicle costing in excess of $500,000. See Utah Code 11-36a-102
  • Pure captive insurance company: means a business entity that insures risks of a parent or affiliate of the business entity. See Utah Code 31A-37-102
  • 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
  • Rating period: means the calendar period for which premium rates established by a covered carrier are assumed to be in effect, as determined by the carrier. See Utah Code 31A-30-103
  • Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
    (i) a refund of premium or portion of premium;
    (ii) a refund of commission or portion of commission;
    (iii) a refund of all or a portion of a consultant fee; or
    (iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
  • Receiver: means , as the context requires:
    (a) a rehabilitator;
    (b) a liquidator;
    (c) an ancillary receiver; or
    (d) a conservator. See Utah Code 31A-28-105
  • Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer. See Utah Code 31A-28-105
  • Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 64-13-1
  • Region: means one of the geographic regions into which the Department of Corrections has divided the state for purposes of supervising adult probation and parole. See Utah Code 64-13g-101
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • 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.
  • Residence: means , for entities other than a natural person, the state where the principal place of business of a claimant, insured, or policyholder is located at the time of the insured event. See Utah Code 31A-28-203
  • Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 64-13-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted account: means the Employment Incentive Restricted Account created in Section 64-13g-103. See Utah Code 64-13g-101
  • Retained earnings: means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. See Utah Code 17-36-3
  • Rider: means an endorsement to:
    (a) an insurance policy; or
    (b) an insurance certificate. See Utah Code 31A-1-301
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Risk and needs assessment: means an actuarial tool validated on criminal offenders that determines:
    (a) an individual's risk of reoffending; and
    (b) the criminal risk factors that, when addressed, reduce the individual's risk of reoffending. See Utah Code 64-13-1
  • Road: includes :Utah Code 68-3-12.5
  • Secondary medical condition: means a complication related to an exclusion from coverage in accident and health insurance. See Utah Code 31A-1-301
  • Secure correctional facility: means any prison, penitentiary, or other institution operated by the department or under contract for the confinement of offenders, where force may be used to restrain an offender if the offender attempts to leave the institution without authorization. See Utah Code 64-13-1
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Sell: means to exchange a contract of insurance:
    (a) by any means;
    (b) for money or its equivalent; and
    (c) on behalf of an insurance company. See Utah Code 31A-1-301
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Serious illness: means , as determined by the inmate's physician, an illness that substantially impairs the inmate's quality of life. See Utah Code 64-13-1
  • Serious injury: means , as determined by the inmate's physician, bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 64-13-1
  • Service area: means a geographic area designated by an entity that imposes an impact fee on the basis of sound planning or engineering principles in which a public facility, or a defined set of public facilities, provides service within the area. See Utah Code 11-36a-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
  • Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:
    (i) 
    (A) employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or
    (B) if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;
    (ii) employs at least one employee on the first day of the plan year; and
    (iii) for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301
  • Small employer carrier: means a carrier that provides health benefit plans covering eligible employees of one or more small employers in this state, regardless of whether:
    (a) coverage is offered through:
    (i) an association;
    (ii) a trust;
    (iii) a discretionary group; or
    (iv) other similar grouping; or
    (b) the policy or contract is situated out-of-state. See Utah Code 31A-30-103
  • Social media company: means a person or entity that:
    (a) provides a social media platform that has at least 5,000,000 account holders worldwide; and
    (b) is an interactive computer service. See Utah Code 13-63-101
  • Social media platform: means an online forum that a social media company makes available for an account holder to:
    (i) create a profile;
    (ii) upload posts;
    (iii) view the posts of other account holders; and
    (iv) interact with other account holders or users. See Utah Code 13-63-101
  • Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
  • Special fund: means any fund other than the county general fund, such as those described in Section 17-36-6. See Utah Code 17-36-3
  • Special purpose financial captive insurance company: means the same as that term is defined in Section 31A-37a-102. See Utah Code 31A-37-102
  • Specified public agency: means :
    (a) the state;
    (b) a school district; or
    (c) a charter school. See Utah Code 11-36a-102
  • Sponsor: means an entity that:
    (a) meets the requirements of Section 31A-37-402; and
    (b) is approved by the commissioner to:
    (i) provide all or part of the capital and surplus required by applicable law in an amount of not less than $350,000, which amount the commissioner may increase by order if the commissioner considers it necessary; and
    (ii) organize and operate a sponsored captive insurance company. See Utah Code 31A-37-102
  • Sponsored captive insurance company: means a captive insurance company:
    (a) in which the minimum capital and surplus required by applicable law is provided by one or more sponsors;
    (b) that is formed or holding a certificate of authority under this chapter;
    (c) that insures the risks of a separate participant through the contract; and
    (d) that segregates each participant's liability through one or more protected cells. See Utah Code 31A-37-102
  • 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 lands: means all lands administered by the division. See Utah Code 65A-1-1
  • State-issued driver license: means a driver license issued in accordance with 2, or an equivalent issued by another state. See Utah Code 64-13-1
  • State-issued identification card: means an identification card issued in accordance with 8, or an equivalent issued by another state. See Utah Code 64-13-1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surety insurer: means an insurer that:
    (a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
    (b) receives a certificate under this title; and
    (c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • System improvements: means :
    (i) existing public facilities that are:
    (A) identified in the impact fee analysis under Section 11-36a-304; and
    (B) designed to provide services to service areas within the community at large; and
    (ii) future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide services to service areas within the community at large. See Utah Code 11-36a-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Treasury rates: means the United States Treasury strip asked yield as published in the Wall Street Journal as of a balance sheet date. See Utah Code 31A-37-102
  • 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
  • Unappropriated surplus: means that part of a fund which is not appropriated for an ensuing budget period. See Utah Code 17-36-3
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • User: means a person who has access to view all, or some of, the posts on a social media platform, but is not an account holder. See Utah Code 13-63-101
  • Utah account holder: includes a Utah minor account holder. See Utah Code 13-63-101
  • Utah depository institution: means a depository institution, as defined in Section 7-1-103, that:
    (a) has Utah as its home state; or
    (b) operates a branch in Utah. See Utah Code 31A-35-102
  • Utah minor account holder: means a Utah account holder who is a minor. See Utah Code 13-63-101
  • Utah resident: means an individual who currently resides in Utah. See Utah Code 13-63-101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Western zone: means , except as provided in Subsection (10)(b), Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne counties. See Utah Code 64-13f-102
  • Wildland: means an area where:
    (a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and
    (b) structures, if any, are widely scattered. See Utah Code 65A-1-1
  • Wildland fire: means a fire that consumes:
    (a) wildland; or
    (b) wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1
  • 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

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