Part 1 General Provisions 13-10b-101 – 13-10b-102
Part 2 Penalties 13-10b-201
Part 3 Detention and Immunity 13-10b-301 – 13-10b-302
Part 4 Law Enforcement Actions 13-10b-401

Terms Used In Utah Code > Title 13 > Chapter 10b - Unlawful Recording of a Motion Picture

  • Active member: means a member who:
    (i) is employed by a participating employer and accruing service credit; or
    (ii) within the previous 120 days:
    (A) has been employed by a participating employer; and
    (B) accrued service credit. See Utah Code 49-11-102
  • Address: includes :
    (i) a post office box number;
    (ii) a rural free delivery route number; and
    (iii) a street name and number. See Utah Code 16-6a-102
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Agency: means :
    (i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
    (ii) a county, municipality, school district, local district, or special service district;
    (iii) a state college or university; or
    (iv) any other participating employer. See Utah Code 49-11-102
  • Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Amortization rate: means the board certified percent of salary required to amortize the unfunded actuarial accrued liability in accordance with policies established by the board upon the advice of the actuary. See Utah Code 49-11-102
  • Anchored: means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. See Utah Code 73-18-2
  • Annuity: means monthly payments derived from member contributions. See Utah Code 49-11-102
  • 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.
  • Appointive officer: means an employee appointed to a position for a definite and fixed term of office by official and duly recorded action of a participating employer whose appointed position is designated in the participating employer's charter, creation document, or similar document, and:
    (a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407 for a Tier I appointive officer; and
    (b) whose appointive position is full-time as certified by the participating employer for a Tier II appointive officer. See Utah Code 49-11-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assumed corporate name: means a name assumed for use in this state:
    (a) by a:
    (i) foreign corporation pursuant to Section 16-10a-1506; or
    (ii) a foreign nonprofit corporation pursuant to Section 16-6a-1506; and
    (b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102
  • At-will employee: means a person who is employed by a participating employer and:
    (i) who is not entitled to merit or civil service protection and is generally considered exempt from a participating employer's merit or career service personnel systems;
    (ii) whose on-going employment status is entirely at the discretion of the person's employer; or
    (iii) who may be terminated without cause by a designated supervisor, manager, or director. See Utah Code 49-11-102
  • Audiovisual recording function: means the capability of a device to record or transmit a motion picture or any part of the motion picture by means of any technology. See Utah Code 13-10b-102
  • Beached: means that a vessel's hull is resting on the bed or shoreline of a waterbody. See Utah Code 73-18-2
  • Beneficiary: means any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102
  • Board: means the Board of Parks and Recreation. See Utah Code 73-18-2
  • Board: means the Board of Parks and Recreation. See Utah Code 73-18a-1
  • Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102
  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • Board member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Boat livery: means a person that holds a vessel for renting or leasing. See Utah Code 73-18-2
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Carrying passengers for hire: means to transport persons on vessels or to lead persons on vessels for consideration. See Utah Code 73-18-2
  • Certified contribution rate: means the board certified percent of salary paid on behalf of an active member to the office to maintain the system on a financially and actuarially sound basis. See Utah Code 49-11-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-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.
  • Community water system: means a public water system that serves residents year-round. See Utah Code 19-4-102
  • Compensation: means , except as provided in Subsection (2)(c), the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
    (i) bonuses;
    (ii) cost-of-living adjustments;
    (iii) other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law;
    (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and
    (v) member contributions. See Utah Code 49-22-102
  • Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-23-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consideration: means something of value given or done in exchange for something given or done by another. See Utah Code 73-18-2
  • Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-4-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contributions: means the total amount paid by the participating employer and the member into a system or to the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act. See Utah Code 49-11-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
  • Corporate name: means :
    (a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
    (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
    (c) the name of a foreign corporation as stated in the foreign corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation; or
    (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of disability: means the date on which a period of total disability begins, and may not begin on or before the last day of performing full-duty work in the eligible employee's regular occupation. See Utah Code 49-21-102
  • Dealer: means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. See Utah Code 73-18-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • defined benefit system: means a system or plan offered under this title to provide a specified allowance to a retiree or a retiree's spouse after retirement that is based on a set formula involving one or more of the following factors:
    (a) years of service;
    (b) final average monthly salary; or
    (c) a retirement multiplier. See Utah Code 49-11-102
  • defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 49-23-102
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
    (i) members;
    (ii) directors; or
    (iii) officers. See Utah Code 16-6a-102
  • Division: means the Division of Parks and Recreation. See Utah Code 73-18-2
  • Division: means the Division of Parks and Recreation. See Utah Code 73-18a-1
  • Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • domestic corporation: means a corporation for profit that:
    (a) is not a foreign corporation; and
    (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
  • domestic nonprofit corporation: means an entity that:
    (a) is not a foreign nonprofit corporation; and
    (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • Educational institution: means a political subdivision or instrumentality of the state or a combination thereof primarily engaged in educational activities or the administration or servicing of educational activities, including:
    (a) the State Board of Education and its instrumentalities;
    (b) any institution of higher education and its branches;
    (c) any school district and its instrumentalities;
    (d) any vocational and technical school; and
    (e) any entity arising out of a consolidation agreement between entities described under this Subsection (22). See Utah Code 49-11-102
  • Eligible employee: means the following employee whose employer provides coverage under this chapter:
    (i) 
    (A) any regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102;
    (B) any public safety service employee as defined under Section 49-14-102, 49-15-102, or 49-23-102;
    (C) any firefighter service employee or volunteer firefighter as defined under Section 49-23-102 who began firefighter service on or after July 1, 2011;
    (D) any judge as defined under Section 49-17-102 or 49-18-102; or
    (E) the governor of the state;
    (ii) an employee who is exempt from participating in a retirement system under Subsection 49-12-203(4), 49-13-203(4), 49-14-203(1), or 49-15-203(1); and
    (iii) an employee who is covered by a retirement program offered by a public or private system, organization, or company designated by the State Board of Regents. See Utah Code 49-21-102
  • Elimination period: means the three months at the beginning of each continuous period of total disability for which no benefit will be paid. See Utah Code 49-21-102
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d), and (e). See Utah Code 49-22-102
  • Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d), and (e). See Utah Code 49-23-102
  • Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
    (i) a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; or
    (ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal. See Utah Code 49-23-102
  • Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-23-102
  • Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
  • Foreign nonprofit corporation: means an entity:
    (a) incorporated under a law other than the laws of this state; and
    (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program. See Utah Code 49-11-102
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
    (a) recommend land use regulations to preserve local historic districts or areas; and
    (b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
  • Human body waste: means excrement, feces, or other waste material discharged from the human body. See Utah Code 73-18a-1
  • Inactive member: means a member who has not been employed by a participating employer for a period of at least 120 days. See Utah Code 49-11-102
  • Individual: means :
    (a) a natural person;
    (b) the estate of an incompetent individual; or
    (c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Initially entering: includes an employee of a participating employer, except for an employee that is not eligible under a system or plan under this title, who:
    (i) does not have any prior service credit on file with the office;
    (ii) is covered by a retirement plan other than a retirement plan created under this title; and
    (iii) moves to a position with a participating employer that is covered by this title. See Utah Code 49-11-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 49-11-102
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Land: includes :Utah Code 68-3-12.5
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
    (a) a land use permit;
    (b) a land use application; or
    (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 10-9a-103
  • 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 body: means the municipal council. See Utah Code 10-9a-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litter: means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful. See Utah Code 73-18a-1
  • mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
  • Marine toilet: means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. See Utah Code 73-18a-1
  • Maximum benefit period: means the maximum period of time the monthly disability income benefit will be paid under Section 49-21-403 for any continuous period of total disability. See Utah Code 49-21-102
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Member: means a person, except a retiree, with contributions on deposit with a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act, or with a terminated system. See Utah Code 49-11-102
  • Member contributions: means the sum of the contributions paid to a system or the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a system, and which are made by:
    (a) the member; and
    (b) the participating employer on the member's behalf under Section 414(h) of the Internal Revenue Code. See Utah Code 49-11-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • money: means :
    (i) legal tender;
    (ii) a negotiable instrument; or
    (iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Monthly disability benefit: means the monthly payments and accrual of service credit under Section 49-21-401. See Utah Code 49-21-102
  • Moored: means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency. See Utah Code 73-18-2
  • Motion picture theater: means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the commission of an offense under Section 13-10b-201. See Utah Code 13-10b-102
  • Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
  • 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 benefit corporation: means a nonprofit corporation:
    (a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
    (b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
  • Nonelective contribution: means an amount contributed by a participating employer into a participant's defined contribution account. See Utah Code 49-11-102
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Objective medical impairment: means an impairment resulting from an injury or illness which is diagnosed by a physician and which is based on accepted objective medical tests or findings rather than subjective complaints. See Utah Code 49-21-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Utah State Retirement Office. See Utah Code 49-11-102
  • Ongoing disability: means , after the elimination period and the first 24 months of disability benefits, the complete inability, as determined under Subsection (8)(b), to engage in any gainful employment which is reasonable, considering the eligible employee's education, training, and experience. See Utah Code 49-21-102
  • Operate: means to navigate, control, or otherwise use a vessel. See Utah Code 73-18-2
  • Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
  • Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18a-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Own occupation disability: means the complete inability, due to objective medical impairment, whether physical or mental, to engage in the eligible employee's regular occupation during the elimination period and the first 24 months of disability benefits. See Utah Code 49-21-102
  • Owner: means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. See Utah Code 73-18a-1
  • Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
  • Owner or employee: means the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee. See Utah Code 13-10b-102
  • Part-time appointed board member: means a person:
    (a) who is appointed to serve as a member of a board, commission, council, committee, or panel of a participating employer; and
    (b) whose service as a part-time appointed board member does not qualify as a regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102. See Utah Code 49-11-102
  • Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
  • Participating employer: means an employer which meets the participation requirements of:
    (a) Sections 49-12-201 and 49-12-202;
    (b) Sections 49-13-201 and 49-13-202;
    (c) Section 49-19-201; or
    (d) Section 49-22-201 or 49-22-202. See Utah Code 49-22-102
  • Participating employer: means an employer which meets the participation requirements of:
    (a) Sections 49-14-201 and 49-14-202;
    (b) Sections 49-15-201 and 49-15-202;
    (c) Sections 49-16-201 and 49-16-202; or
    (d) Sections 49-23-201 and 49-23-202. See Utah Code 49-23-102
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal watercraft: means a motorboat that is:
    (a) less than 16 feet in length;
    (b) propelled by a water jet pump; and
    (c) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. See Utah Code 73-18-2
  • Physician: means a licensed physician. See Utah Code 49-21-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23, Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
  • Political subdivision: includes local districts, special service districts, or authorities created by the Legislature or by local governments, including the office. See Utah Code 49-11-102
  • Principal office: means :
    (a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. See Utah Code 49-11-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public safety service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is a:
    (i) law enforcement officer in accordance with Section 53-13-103;
    (ii) correctional officer in accordance with Section 53-13-104;
    (iii) special function officer approved in accordance with Sections 49-15-201 and 53-13-105;
    (iv) dispatcher who is certified in accordance with Section 53-6-303; and
    (v) full-time member of the Board of Pardons and Parole created under Section 77-27-2. See Utah Code 49-23-102
  • Public safety service employee: means an employee of a participating employer who performs public safety service under this chapter. See Utah Code 49-23-102
  • Public water system: includes :
    (i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and
    (ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
    (a) by the domestic or foreign nonprofit corporation at:
    (i) its registered office in this state; or
    (ii) its principal office;
    (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
    (c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refund interest: means the amount accrued on member contributions at a rate adopted by the board. See Utah Code 49-11-102
  • Registered agent: means the registered agent of:
    (a) a domestic nonprofit corporation; or
    (b) a foreign nonprofit corporation. See Utah Code 16-6a-102
  • Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
    (a) articles of incorporation;
    (b) an application for a certificate of authority; or
    (c) a notice of change of registered office. See Utah Code 16-6a-102
  • Regular full-time employee: includes :
    (i) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more;
    (ii) a classified school employee:
    (A) who is hired before July 1, 2013; and
    (B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;
    (iii) an appointive officer whose appointed position is full time as certified by the participating employer;
    (iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the attorney general, and a state legislator;
    (v) an elected official not included under Subsection (6)(b)(iv) whose elected position is full time as certified by the participating employer;
    (vi) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and
    (vii) an individual who otherwise meets the definition of this Subsection (6) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-22-102
  • Regular monthly salary: means the amount certified by the participating employer as the monthly salary of the eligible employee, unless there is a discrepancy between the certified amount and the amount actually paid, in which case the office shall determine the regular monthly salary. See Utah Code 49-21-102
  • Rehabilitative employment: means any occupation or employment for wage or profit, for which the eligible employee is reasonably qualified to perform based on education, training, or experience. See Utah Code 49-21-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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.
  • Retail water supplier: means a person that:
    (a) supplies water for human consumption and other domestic uses to an end user; and
    (b) has more than 500 service connections. See Utah Code 19-4-102
  • Retiree: means an individual who has qualified for an allowance under this title. See Utah Code 49-11-102
  • Retirement: means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title. See Utah Code 49-11-102
  • retirement allowance: means the pension plus the annuity, including any cost of living or other authorized adjustments to the pension and annuity. See Utah Code 49-11-102
  • Retirement date: means the date selected by the member on which the member's retirement becomes effective with the office. See Utah Code 49-11-102
  • Road: includes :Utah Code 68-3-12.5
  • Sailboat: means any vessel having one or more sails and propelled by wind. See Utah Code 73-18-2
  • Service credit: means :
    (a) the period during which an employee is employed and compensated by a participating employer and meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to the office; and
    (b) periods of time otherwise purchasable under this title. See Utah Code 49-11-102
  • 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.
  • Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-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 Board of Regents: means the State Board of Regents established in Section 53B-1-103. See Utah Code 49-11-102
  • Statute: A law passed by a legislature.
  • Strenuous activity: includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity. See Utah Code 49-23-102
  • Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102
  • Surviving spouse: means :
    (a) the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or
    (b) a former lawful spouse of a member with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612. See Utah Code 49-11-102
  • System: means the individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System, and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part 3, Tier II Hybrid Retirement System. See Utah Code 49-11-102
  • System: means the New Public Employees' Tier II Contributory Retirement System created under this chapter. See Utah Code 49-22-102
  • System: means the New Public Safety and Firefighter Tier II Contributory Retirement System created under this chapter. See Utah Code 49-23-102
  • Technical college: means the same as that term is defined in Section 53B-1-101. See Utah Code 49-11-102
  • Tier I: means a system or plan under this title for which:
    (a) an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or
    (b) a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102
  • Tier II: includes :
    (i) the Tier II hybrid system established under:
    (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
    (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
    (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
    (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
    (B) Chapter 23, Part 4, Tier II Defined Contribution Plan. See Utah Code 49-11-102
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Total disability: means :
    (a) own occupation disability; or
    (b) ongoing disability. See Utah Code 49-21-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal nonprofit corporation: means a nonprofit corporation:
    (a) incorporated under the law of a tribe; and
    (b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Board of Higher Education: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 49-11-102 v2
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2
  • Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18a-1
  • Voluntary deferrals: means an amount contributed by a participant into that participant's defined contribution account. See Utah Code 49-11-102
  • Volunteer firefighter: means any individual that is not regularly employed as a firefighter service employee, but who:
    (i) has been trained in firefighter techniques and skills;
    (ii) continues to receive regular firefighter training; and
    (iii) is on the rolls of a legally organized volunteer fire department which provides ongoing training and serves a political subdivision of the state. See Utah Code 49-23-102
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
  • Wakeless speed: means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. See Utah Code 73-18-2
  • Water company: means :
    (a) the same as that term is defined in Subsection 16-4-102(5); or
    (b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
  • Waters of this state: means any waters within the territorial limits of this state. See Utah Code 73-18-2
  • Waters of this state: means all waters within the territorial limits of this state except those used exclusively for private purposes. See Utah Code 73-18a-1
  • Writing: includes :Utah Code 68-3-12.5
  • Years of service credit: means :
    (a) a period consisting of 12 full months as determined by the board;
    (b) a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or
    (c) the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution. See Utah Code 49-22-102
  • Years of service credit: means :
    (a) a period, consisting of 12 full months as determined by the board; or
    (b) a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter. See Utah Code 49-23-102
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