Part 1 General Provisions 11-65-101 – 11-65-103
Part 2 Utah Lake Authority 11-65-201 – 11-65-206 v2
Part 3 Lake Authority Board 11-65-301 – 11-65-306
Part 4 Project Area Plan and Budget 11-65-401 – 11-65-405
Part 5 Lake Authority Bonds 11-65-501 – 11-65-506
Part 6 Lake Authority Budget, Reporting, and Audits 11-65-601 – 11-65-606
Part 7 Lake Authority Dissolution 11-65-701

Terms Used In Utah Code > Title 11 > Chapter 65 - Utah Lake Authority Act

  • 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
  • Adjacent political subdivision: means a political subdivision of the state with a boundary that abuts the lake authority boundary or includes lake authority land. See Utah Code 11-65-101
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • Advisory board executive committee: means the executive committee of the Agricultural Advisory Board created by Section 4-2-108. See Utah Code 73-20-2
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • 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
  • 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.
  • Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
  • Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
  • 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
  • Appraisal: A determination of property value.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • articles of incorporation: means :
    (a) the original articles;
    (b) a special law;
    (c) a charter;
    (d) an amendment;
    (e) restated articles;
    (f) articles of merger or consolidation;
    (g) a trust instrument;
    (h) another constitutive document for a trust or other entity that is not a corporation; and
    (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • 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.
  • authorized insurer: means an insurer:
    (i) holding a valid certificate of authority to do an insurance business in this state; and
    (ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
  • 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.
  • Basic livestock: means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes. See Utah Code 73-20-2
  • Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101
  • Board: means the Board of Water Resources created by Section 73-10-1. See Utah Code 73-20-2
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • 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 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
  • cash: means a medium of exchange that a depository institution, as defined in Section 7-1-103, accepts for deposit and allows an immediate credit to an account in the depository institution, including the following in a depository institution:
    (a) a savings account; or
    (b) a certificate of deposit with a maturity date within one year or less from the day on which the certificate of deposit is acquired. See Utah Code 31A-18-101
  • 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
  • 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
  • Chambers: A judge's office.
  • 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: 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
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • 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
  • Commercial farm: means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock. See Utah Code 73-20-2
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • contract holder: means a person who purchases a service contract. See Utah Code 31A-6a-101
  • Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporate governance annual disclosure: means a report an insurer or insurance group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual Disclosure Act. See Utah Code 31A-1-301
  • 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
  • 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
  • Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
  • 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
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Dependent: A person dependent for support upon another.
  • 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
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Water Rights, Department of Natural Resources. See Utah Code 73-22-3
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Education or training: means education or training in accordance with 29 U. See Utah Code 35A-3-102
  • 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
  • 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 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 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
  • Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
    (a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or
    (b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301
  • 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
  • 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.
  • Excess surplus: means :
    (i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:
    (A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:
    (I) 2. See Utah Code 31A-1-301
  • 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 appointed under Section 35A-1-201. See Utah Code 35A-1-102
  • 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.
  • Farmer: means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations. See Utah Code 73-20-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • 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
  • Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
  • 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.
  • 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
  • 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 4. See Utah Code 35A-3-102
  • Geothermal area: means the general land area which is underlain or reasonably appears to be underlain by geothermal resources. See Utah Code 73-22-3
  • Geothermal resource: means :
    (i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
    (ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium. See Utah Code 73-22-3
  • Geothermal system: means any strata, pool, reservoir, or other geologic formation containing geothermal resources. See Utah Code 73-22-3
  • 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
  • Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section 31A-16-108. See Utah Code 31A-1-301
  • 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
  • Home warranty service contract: means a service contract that requires a person to repair or replace a component, system, or appliance of a home or make indemnification to the contract holder for the repair or replacement of a component, system, or appliance of the home:
    (a) upon mechanical or operational failure of the component, system, or appliance;
    (b) for a predetermined fee; and
    (c) if:
    (i) the person is not the builder, seller, or lessor of the home that is the subject of the contract; and
    (ii) the failure described in Subsection (1)(a) occurs within a specified period of time. See Utah Code 31A-6a-101
  • Income: means gross income, whether earned or unearned, as defined by rule made in accordance with Section 35A-3-203. See Utah Code 35A-3-201
  • Income-eligible child: means a child whose:
    (a) family income does not exceed 85% of state median income for a family of the same size; and
    (b) family assets do not exceed the limit established by the office through rule created in accordance with Section 35A-3-203. See Utah Code 35A-3-201
  • 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
  • Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • 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
  • Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
  • Insurance holding company system: means a group of two or more affiliated persons, at least one of whom is an insurer. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Internationally active insurance group: means an insurance holding company system:
    (a) that includes an insurer registered under Section 31A-16-105;
    (b) that has premiums written in at least three countries;
    (c) whose percentage of gross premiums written outside the United States is at least 10% of its total gross written premiums; and
    (d) that, based on a three-year rolling average, has:
    (i) total assets of at least $50,000,000,000; or
    (ii) total gross written premiums of at least $10,000,000,000. See Utah Code 31A-1-301
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101
  • Lake authority boundary: means the boundary:
    (a) defined by recorded boundary settlement agreements between private landowners and the Division of Forestry, Fire, and State Lands; and
    (b) that separates privately owned land from Utah Lake sovereign land. See Utah Code 11-65-101
  • Lake authority land: means land on the lake side of the lake authority boundary. See Utah Code 11-65-101
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • Licensed clinical therapist: means an individual licensed by the state under:
    (a) 2;
    (b) 3;
    (c) 4; 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.
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
  • Management plan: means a plan to conceptualize, design, facilitate, coordinate, encourage, and bring about the management of the lake authority land to achieve the policies and objectives described in Section 11-65-203. See Utah Code 11-65-101
  • Material medium: means geothermal fluids, or water and other substances artificially introduced into a geothermal system to serve as a heat transfer medium. See Utah Code 73-22-3
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • 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.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor club: means a person:
    (a) licensed under:
    (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (ii) Chapter 11, Motor Clubs; or
    (iii) Chapter 14, Foreign Insurers; and
    (b) that promises for an advance consideration to provide for a stated period of time one or more:
    (i) legal services under Subsection 31A-11-102(1)(b);
    (ii) bail services under Subsection 31A-11-102(1)(c); or
    (iii) 
    (A) trip reimbursement;
    (B) towing services;
    (C) emergency road services;
    (D) stolen automobile services;
    (E) a combination of the services listed in Subsections (126)(b)(iii)(A) through (D); or
    (F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • NAIC liquidity stress test framework: means a NAIC publication that includes:
    (a) a history of the NAIC's development of regulatory liquidity stress testing;
    (b) the scope criteria applicable for a specific data year; and
    (c) the liquidity stress test instructions and reporting templates for a specific data year, as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures. See Utah Code 31A-1-301
  • Nonvoting member: means an individual appointed as a member of the board under Subsection 11-65-302(6) who does not have the power to vote on matters of lake authority business. See Utah Code 11-65-101
  • 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.
  • Ocean marine insurance: means insurance against loss of or damage to:
    (a) ships or hulls of ships;
    (b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
    (c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
    (d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
  • Office: means the Office of Child Care created in Section 35A-3-202. See Utah Code 35A-3-201
  • Operator: means any person drilling, maintaining, operating, producing, or in control of any well. See Utah Code 73-22-3
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Originating county: means the county that is joined or proposed to be joined to another county by consolidation under this part. See Utah Code 17-2-102
  • ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
  • ORSA summary report: means a confidential high-level summary of an insurer or insurance group's own risk and solvency assessment. See Utah Code 31A-1-301
  • 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.
  • Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
    (a) 
    (i) of each material and relevant risk associated with the insurer or insurance group;
    (ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (138)(a)(i); and
    (iii) of the sufficiency of capital resources to support each risk described in Subsection (138)(a)(i); and
    (b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301
  • Owner: means a person who has the right to drill into, produce, and make use of the geothermal resource. See Utah Code 73-22-3
  • Parent recipient: means a person who enters into an employment plan with the department to qualify for cash assistance under 3. 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.
  • 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: means any individual, business entity (corporate or otherwise), or political subdivision of this or any other state. See Utah Code 73-22-3
  • 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 property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • 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
  • 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.
  • 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
  • Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area. See Utah Code 11-65-101
  • Project area plan: means a written plan that, after the plan's effective date, manages activity within a project area within the scope of a management plan. See Utah Code 11-65-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public assistance: means :
    (a) services or benefits provided under Chapter 3, Employment Support Act;
    (b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
    (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
  • Public entity: means :
    (a) the state, including each department, division, or other agency of the state; or
    (b) a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-65-101
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102
  • reimbursement insurance policy: means a policy of insurance providing coverage for all obligations and liabilities incurred by the service contract provider or warrantor under the terms of the service contract or vehicle protection product warranty issued by the provider or warrantor. See Utah Code 31A-6a-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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Risk Management Fund: means the fund created under Section 63A-4-201. See Utah Code 31A-12-101
  • Road: includes :Utah Code 68-3-12.5
  • Road hazard: includes potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Utah Code 31A-6a-101
  • Scope criteria: means the designated exposure bases and minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year. See Utah Code 31A-1-301
  • 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
  • Securityholder: means a specified person who owns a security of a person, including:
    (a) common stock;
    (b) preferred stock;
    (c) debt obligations; and
    (d) any other security convertible into or evidencing the right of any of the items listed in this Subsection (172). 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
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service contract: includes any contract or agreement to perform or reimburse the service contract holder for any one or more of the following services:
    (i) the repair or replacement of tires, wheels, or both on a motor vehicle damaged as a result of coming into contact with a road hazard;
    (ii) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;
    (iii) the repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard, that is primary to the coverage offered by the motor vehicle owner's motor vehicle insurance policy; or
    (iv) the replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen, except that the replacement of lost or stolen property is limited to only the replacement of a lost or stolen motor vehicle key or key-fob. See Utah Code 31A-6a-101
  • Service contract provider: means a person who issues, makes, provides, administers, sells or offers to sell a service contract, or who is contractually obligated to provide service under a service contract. See Utah Code 31A-6a-101
  • 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
  • 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
  • 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
  • Sovereign land: means land:
    (a) lying below the ordinary high water mark of a navigable body of water at the date of statehood; and
    (b) owned by the state by virtue of the state's sovereignty. See Utah Code 11-65-101
  • 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 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • surety insurance: includes :
    (a) a guarantee against loss or damage resulting from the failure of a principal to pay or perform the principal's obligations to a creditor or other obligee;
    (b) bail bond insurance; and
    (c) fidelity insurance. See Utah Code 31A-1-301
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • 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
  • Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
    (a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
    (b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. 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
  • Transitional cash assistance: means assistance provided to a recipient to stabilize employment and reduce the future use of cash assistance provided under 3. See Utah Code 35A-3-102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101
  • Vehicle protection product: includes :
    (i) a vehicle protection product warranty;
    (ii) an alarm system;
    (iii) a body part marking product;
    (iv) a steering lock;
    (v) a window etch product;
    (vi) a pedal and ignition lock;
    (vii) a fuel and ignition kill switch; and
    (viii) an electronic, radio, or satellite tracking device. See Utah Code 31A-6a-101
  • Vehicle protection product warranty: means a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent the theft of the motor vehicle, or aid in the recovery of the motor vehicle within a time period specified in the warranty, not exceeding 30 days after the day on which the motor vehicle is reported stolen, the warrantor will reimburse the warranty holder for incidental costs specified in the warranty, not exceeding $5,000, or in a specified fixed amount not exceeding $5,000. See Utah Code 31A-6a-101
  • Vehicle service contract: means a service contract for the repair or maintenance of a vehicle:
    (a) for operational or structural failure because of a defect in materials, workmanship, normal wear and tear, or accidental damage from handling; and
    (b) with or without additional provision for incidental payment of indemnity under limited circumstances, including towing, providing a rental car, or providing emergency road service. See Utah Code 31A-6a-101
  • Venue: The geographical location in which a case is tried.
  • Voting member: means an individual appointed as a member of the board under Subsection 11-65-302(2). See Utah Code 11-65-101
  • Warrantor: means a person who is contractually obligated to the warranty holder under the terms of a vehicle protection product warranty. See Utah Code 31A-6a-101
  • Warranty holder: means the person who purchases a vehicle protection product, any authorized transferee or assignee of the purchaser, or any other person legally assuming the purchaser's rights under the vehicle protection product warranty. See Utah Code 31A-6a-101
  • Waste: means any inefficient, excessive, or improper production, use, or dissipation of geothermal resources. See Utah Code 73-22-3
  • Well: means any well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources. See Utah Code 73-22-3
  • Writing: includes :Utah Code 68-3-12.5