Terms Used In Utah Code > Title 13 > Chapter 22 - Charitable Solicitations Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Active duty service member: means a person on active military duty with the United States military and includes full time military active duty, military reserve active duty, and national guard military active duty service members stationed in Utah. See Utah Code 53-5-702
• Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:

  (i)	the owners of the new generating unit are the same as or different from the owner of the project; and

  (ii)

  the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103 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. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. See Utah Code 53-3-402 Alcohol concentration: means the number of grams of alcohol per: (a)  100 milliliters of blood; (b)  210 liters of breath; or (c)  67 milliliters of urine. See Utah Code 53-3-402 Allegation: something that someone says happened. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney general: means the Utah attorney general or a deputy attorney general. See Utah Code 77-42-102 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. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Board: means the Concealed Firearm Review Board created in Section 53-5-703. See Utah Code 53-5-702 Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103 Board: means the Board of Pardons and Parole. See Utah Code 77-32b-102 Board: means the Driver License Medical Advisory Board created in Section 53-3-303. See Utah Code 53-3-302 Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501 Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501 Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-5-702 Bureau: means the Bureau of Criminal Identification created in Section 53-10-201. See Utah Code 53-5c-102 Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in section 53-10-201. See Utah Code 77-41-102 Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-42-102 Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102 Candidate: means one or more of: (a)  the state; (b)  a county, municipality, school district, local district, special service district, or other political subdivision of the state; and (c)  a prosecution district. See Utah Code 11-13-103 carries on a vocation: includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit. See Utah Code 77-41-102 carries on a vocation: includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit. See Utah Code 77-43-102 CDIP: means a commercial learner permit: (a)  issued under Section 53-3-408; or (b)  issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C. See Utah Code 53-3-102 CDL: means a license: (a)  issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102 CDLIS: means the information system established under Title XII, Pub. See Utah Code 53-3-402 Certificate of eligibility: means a document issued by the Bureau of Criminal Identification showing that the offender has met the requirements of Section 77-41-112. See Utah Code 77-41-102 Certificate of eligibility: means a document issued by the Bureau of Criminal Identification stating that the offender has met the requirements of Section 77-42-108. See Utah Code 77-42-102 Certified academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-6-102 Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2 Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2 Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2 Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Child abuse offender: means any person who: (a)  has been convicted in this state of a felony violation of: (i)  Subsection 76-5-109. See Utah Code 77-43-102 Citation: means a summons, ticket, or other official document issued by a peace officer for a traffic violation, containing an order that requires the motorist to respond. See Utah Code 53-3-702 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Civil accounts receivable: means any amount of the criminal accounts receivable that is owed by the defendant that has not been paid on or before the day on which: (i)  the defendant's sentence is terminated; or (ii)  the court enters an order for a civil accounts receivable under Subsection 77-18-114(1) or (2). See Utah Code 77-32b-102 Civil judgment of restitution: means any amount of the criminal accounts receivable that is owed by the defendant for restitution that has not been paid on or before the day on which the defendant's sentence is terminated. See Utah Code 77-32b-102 Cohabitant: means a person who is 21 years of age or older who resides in the same residence as the other party. See Utah Code 53-5c-102 Cohabitant: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-36-1 Collateral: means cash or other security deposited to secure an appearance for trial, following the issuance by a peace officer of a citation for a traffic violation. See Utah Code 53-3-702 Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2 Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle: (i)  has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as determined by federal regulation; (ii)  is designed to transport 16 or more passengers, including the driver; or (iii)  is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102 Commercial project entity: means a project entity, defined in Subsection (18), that: (a)  has no taxing authority; and (b)  is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103 Commercial testing only school: means a business enterprise conducted by an individual, association, partnership, or corporation that: (i)  is designated by the division as a commercial testing only school; (ii)  employs instructors who are certified by the division; and (iii)  engages only in testing students for the purpose of obtaining a driver license. See Utah Code 53-3-502 Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 53-5-702 Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following: (i)  a gift, subscription, loan, advance, or deposit of money or anything of value; (ii)  a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or (iii)  fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2 Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2 Controlled substance: means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U. See Utah Code 53-3-402 Conviction: A judgement of guilt against a criminal defendant. Conviction: means any of the following: (a)  an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding; (b)  an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court; (c)  a plea of guilty or nolo contendere accepted by the court; (d)  the payment of a fine or court costs; or (e)  violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102 Conviction: means the same as that term is defined in Section 76-3-201. See Utah Code 77-42-102 Conviction: means an adjudication of guilt regarding criminal conduct, including: (a)  a finding of guilt by a court or a jury; (b)  a guilty plea; (c)  a plea of nolo contendere; (d)  a plea which is held in abeyance pending the successful completion of: (i)  a probationary period; or (ii)  a diversion agreement; or (e)  a conviction which has been expunged or dismissed. See Utah Code 53-6-102 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. Correctional facility: means the same as that term is defined in Section 64-13-1. See Utah Code 77-43-102 Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102 Court: means a court of law or traffic tribunal. See Utah Code 53-3-702 Criminal accounts receivable: includes unpaid fees, forfeitures, surcharges, costs, interest, penalties, restitution, third party claims, claims, reimbursement of a reward, and damages. See Utah Code 77-32b-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Default: means a civil accounts receivable, a civil judgment of restitution, or a criminal accounts receivable that is overdue by at least 90 days. See Utah Code 77-32b-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Delinquent: means a civil accounts receivable, a civil judgment of restitution, or a criminal account receivable that is overdue by more than 28 days but less than 90 days. See Utah Code 77-32b-102 denied: means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply. See Utah Code 53-3-102 Department: means the Department of Public Safety. See Utah Code 77-36-1 Department: means the Department of Corrections. See Utah Code 77-41-102 Department: means the Department of Corrections. See Utah Code 77-43-102 Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102 Dependent: A person dependent for support upon another. Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is: (a)  owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and (b)  used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103 Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2 Director: means the division director appointed under Section 53-3-103. See Utah Code 53-3-102 Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-6-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Dispatcher: means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to: (a)  (i)  receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and (ii)  in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or (b)  supervise dispatchers or direct a dispatch communication center. See Utah Code 53-6-102 Disqualification: means either: (a)  the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle; (b)  a determination by the Federal Highway Administration, under 49 C. See Utah Code 53-3-102 Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2 Division: means the Division of Juvenile Justice Services. See Utah Code 77-41-102 Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102 Division: means the Division of Juvenile Justice Services. See Utah Code 77-43-102 Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102 Divorced: means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce. See Utah Code 77-36-1 Docket: A log containing brief entries of court proceedings. domestic violence offense: includes commission or attempt to commit, any of the following offenses by one cohabitant against another: (a)  aggravated assault, as described in Section 76-5-103; (b)  aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant; (c)  assault, as described in Section 76-5-102; (d)  criminal homicide, as described in Section 76-5-201; (e)  harassment, as described in Section 76-5-106; (f)  electronic communication harassment, as described in Section 76-9-201; (g)  kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301. See Utah Code 77-36-1 Donor: The person who makes a gift. Downgrade: means to obtain a lower license class than what was originally issued during an existing license cycle. See Utah Code 53-3-102 Drive: means : (a)  to operate or be in physical control of a motor vehicle upon a highway; and (b)  in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102 driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102 Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102 Electronic license certificate: means the evidence, in an electronic format as described in Section 53-3-235, of a privilege granted under this chapter to drive a motor vehicle. See Utah Code 53-3-102 Employer: means any individual or person including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle. See Utah Code 53-3-402 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. Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. See Utah Code 53-3-402 Fiduciary: A trustee, executor, or administrator. Firearm: means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 53-5c-102 Firearm: means a device from which is expelled a projectile by action of an explosive. See Utah Code 53-5b-103 Firearm accessory: means an item that is used in conjunction with or mounted upon a firearm, firearm action, or firearm receiver but is not essential to the basic function of a firearm, including: (a)  a telescopic or laser sight; (b)  a magazine; (c)  a flash or sound suppressor; (d)  a folding or aftermarket stock or grip; (e)  a speed-loader; (f)  an ammunition carrier; and (g)  a light for target illumination. See Utah Code 53-5b-103 Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501 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. Foreign jurisdiction: means any jurisdiction other than the United States or a state of the United States. See Utah Code 53-3-402 Fraud: Intentional deception resulting in injury to another. Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Generally accepted accounting principles: means the accounting principles and standards promulgated from time to time by authoritative bodies in the United States. See Utah Code 11-13-501 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103 Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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 GVWR: means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units. See Utah Code 53-3-402 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Health care professional: means a physician or surgeon licensed to practice medicine in the state, or when recommended by the Medical Advisory Board, may include other health care professionals licensed to conduct physical examinations in this state. See Utah Code 53-3-302 Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102 Highway: includes :Utah Code 68-3-12.5 Home jurisdiction: means the jurisdiction that issued the driver's license of the traffic violator. See Utah Code 53-3-702 Identification card: means a card issued under Part 8, Identification Card Act, to a person for identification purposes. See Utah Code 53-3-102 Identification card: means a card for identification issued under this part. See Utah Code 53-3-802 Ignition interlock system provider: means an individual who: (a)  is acting on behalf of a business enterprise conducted by a person, association, partnership, or corporation for the purpose of installation and maintenance of an ignition interlock system; (b)  is certified as an installer; (c)  has met the requirements for ignition interlock system provider status as established by the division; (d)  is authorized or certified to operate or manage an ignition interlock system business; (e)  may supervise the work of another installer; and (f)  charges a fee for the services described under this Subsection (2). See Utah Code 53-3-1002 Imminent hazard: means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated. See Utah Code 53-3-402 Impaired person: means a person who has a mental, emotional, or nonstable physical disability or disease that may impair the person's ability to exercise reasonable and ordinary control at all times over a motor vehicle while driving on the highways. See Utah Code 53-3-302 Indian Country: means : (a)  all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation; (b)  all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and (c)  all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments. See Utah Code 77-41-102 Indian Country: means : (a)  all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation; (b)  all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and (c)  all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments. See Utah Code 77-43-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Indigent: means that a person's income falls below the federal poverty guideline issued annually by the U. See Utah Code 53-3-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Installer: means a person, whether acting as an ignition interlock system provider or for an ignition interlock system provider for compensation, who is certified by the division to install ignition interlock systems. See Utah Code 53-3-1002 Instructor: means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who: (a)  teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles; (b)  prepares persons to take an examination for a license or learner permit; or (c)  supervises the work of any other instructor. See Utah Code 53-3-502 Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501 Interlocal entity: means : (a)  a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or (b)  a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103 Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501 Internal service funds: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Issuing jurisdiction: means the jurisdiction in which the traffic citation was issued to the motorist. See Utah Code 53-3-702 Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103 Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103 Jurisdiction: means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-41-102 Jurisdiction: means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States Armed Forces, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-43-102 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. Jurisdiction: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Utah Code 53-3-702 Kidnap offender: means any individual, other than a natural parent of the victim: (a)  who has been convicted in this state of a violation of: (i)  Subsection 76-5-301(2)(c) or (d), kidnapping; (ii)  Section 76-5-301. See Utah Code 77-41-102 Land: includes :Utah Code 68-3-12.5 Law enforcement agency: means an entity or division of: (i)  (A)  the federal government, a state, or a political subdivision of a state; (B)  a state institution of higher education; or (C)  a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and (ii)  that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102 Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102 License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102 limited-term CDL: means a license: (a)  issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102 Limited-term identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(ii). See Utah Code 53-3-102 Limited-term license certificate: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B). See Utah Code 53-3-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Manufactured: means creating a firearm, a firearm action or receiver, a firearm accessory, or ammunition from basic materials for functional usefulness, including: (a)  forging; (b)  casting; (c)  machining; and (d)  another process for working materials. See Utah Code 53-5b-103 Married and living together: means a couple whose marriage was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence. See Utah Code 77-36-1 Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2 Medical certification status: means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories: (a)  Non-excepted interstate. See Utah Code 53-3-402 Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103 Minor: means a person younger than 21 years of age. See Utah Code 53-3-802 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. Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102 Motorboat: means the same as that term is defined in Section 73-18-2. See Utah Code 53-3-102 Motorcycle: means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground. See Utah Code 53-3-102 Motorist: means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction. See Utah Code 53-3-702 MVR: means a driving record under Subsection 53-3-109(6)(a). See Utah Code 53-3-102 Natural parent: means a minor's biological or adoptive parent, and includes the minor's noncustodial parent. See Utah Code 77-41-102 NDR: means the National Driver Register. See Utah Code 53-3-402 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Not married: means any living arrangement other than married and living together, divorced, or separated. See Utah Code 77-36-1 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. Observation time: means a period of time during which a driver education student observes another student, instructor, or road user. See Utah Code 53-3-502 Offender: means a kidnap offender as defined in Subsection (9) or a sex offender as defined in Subsection (17). See Utah Code 77-41-102 Offender: means an individual required to register as provided in Section 77-42-105. See Utah Code 77-42-102 Offender: means a child abuse offender as defined in Subsection (2). See Utah Code 77-43-102 Office of Recovery Services: means the Office of Recovery Services, created in Section 62A-11-102. See Utah Code 53-3-102 Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102 organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity: (i)  who is or holds itself out to be: (A)  a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization; (B)  for the benefit of a public safety, law enforcement, or firefighter fraternal association; or (C)  established for any charitable purpose; (ii)  who solicits or obtains contributions solicited from the public for a charitable purpose; or (iii)  in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2 Out-of-service order: means a temporary prohibition against driving a commercial motor vehicle. See Utah Code 53-3-402 Oversight: Committee review of the activities of a Federal agency or program. Owner: includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security. See Utah Code 53-3-102 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. Payment schedule: means the amount that is be paid by a defendant in installments, or by a certain date, to satisfy a criminal accounts receivable for the defendant. See Utah Code 77-32b-102 Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102 Penalty accounts receivable: means a fine, restitution, forfeiture, fee, surcharge, or other financial penalty imposed on an individual by a court or other government entity. See Utah Code 53-3-102 Person: means :Utah Code 68-3-12.5 Personal recognizance: means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation. See Utah Code 53-3-702 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. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: POST: means the division. See Utah Code 53-6-102 Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts Primary residence: means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at any future date. See Utah Code 77-41-102 Primary residence: means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at any future date. See Utah Code 77-43-102 Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Professional fund raiser: means a person who: (i)  for compensation or any other consideration, for or on behalf of a charitable organization or any other person: (A)  solicits contributions; or (B)  promotes or sponsors the solicitation of contributions; (ii)  (A)  for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and (B)  at any time has custody of a contribution for the charitable organization; (iii)  engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization; (iv)  manages, supervises, or trains any solicitor whether as an employee or otherwise; or (v)  uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2 Professional fund raising counsel or consultant: means a person who: (i)  for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; (ii)  does not solicit contributions; (iii)  does not at any time have custody of a contribution from solicitation; and (iv)  does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2 Program: means the motorcycle rider education program for training and information disbursement created under Section 53-3-903. See Utah Code 53-3-902 Project: includes a project entity's ownership interest in: (i)  facilities that provide additional project capacity; (ii)  facilities providing replacement project capacity; (iii)  additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and (iv)  a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103 Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1 Provider: means an ignition interlock system provider. See Utah Code 53-3-1002 Public agency: means : (a)  a city, town, county, school district, local district, special service district, an interlocal entity, or other political subdivision of the state; (b)  the state or any department, division, or agency of the state; (c)  any agency of the United States; (d)  any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or (e)  any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103 Quorum: The number of legislators that must be present to do business. Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-41-102 Register: means to comply with the requirements of this chapter and rules of the Office of the Attorney General made under this chapter. See Utah Code 77-42-102 Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-43-102 Registration website: means the Sex and Kidnap Offender Notification and Registration website described in Section 77-41-110 and the information on the website. See Utah Code 77-41-102 Registration website: means the Child Abuse Offender Notification and Registration website described in Section 77-43-108 and the information on the website. See Utah Code 77-43-102 Regular identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i). See Utah Code 53-3-102 Regular license certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A). See Utah Code 53-3-102 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. remission: means to forgive or to excuse, in whole or in part, any unpaid amount of a criminal accounts receivable. See Utah Code 77-32b-102 Renewal: means to validate a license certificate so that it expires at a later date. See Utah Code 53-3-102 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. Resident: means an individual who: (i)  has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year; (ii)  engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state; (iii)  declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or (iv)  declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102 Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-32b-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102 Rider training course: means a motorcycle rider education curriculum and delivery system approved by the division as meeting national standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle. See Utah Code 53-3-902 Road: includes :Utah Code 68-3-12.5 school: means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to: (i)  drive motor vehicles, including motorcycles; and (ii)  prepare an applicant for an examination given by the state for a license or learner permit. See Utah Code 53-3-502 School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events. See Utah Code 53-3-102 School operator: means a person who: (a)  is certified as an instructor; (b)  has met the requirements for school operator status as established by the division; (c)  is authorized or certified to operate or manage a driver training school; and (d)  may supervise the work of another instructor. See Utah Code 53-3-502 Sentencing protective order: means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804. See Utah Code 77-36-1 Separated: means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence. See Utah Code 77-36-1 Serious traffic violation: means a conviction of any of the following: (a)  speeding 15 or more miles per hour above the posted speed limit; (b)  reckless driving as defined by state or local law; (c)  improper or erratic traffic lane changes; (d)  following the vehicle ahead too closely; (e)  any other motor vehicle traffic law which arises in connection with a fatal traffic accident; (f)  operating a commercial motor vehicle without a CDL or a CDIP; (g)  operating a commercial motor vehicle without the proper class of CDL or CDL endorsement for the type of vehicle group being operated or for the passengers or cargo being transported; (h)  operating a commercial motor vehicle without a CDL or CDIP license certificate in the driver's possession in violation of Section 53-3-404; (i)  using a wireless communication device in violation of Section 41-6a-1716 while operating a commercial motor vehicle; or (j)  using a hand-held mobile telephone while operating a commercial motor vehicle in violation of 49 C. See Utah Code 53-3-402 Service of process: The service of writs or summonses to the appropriate party. Sex offender: means any individual: (a)  convicted in this state of: (i)  a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor; (ii)  Section 76-5b-202, sexual exploitation of a vulnerable adult; (iii)  Section 76-5-308. See Utah Code 77-41-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 solicitation: includes : (i)  any of the following done, or purporting to be done, for a charitable purpose: (A)  any oral or written request, including any request by telephone, radio, television, or other advertising or communications media; (B)  the distribution, circulation, or posting of any handbill, written advertisement, or publication; or (C)  an application or other request for a grant; or (ii)  the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2 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: means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico. See Utah Code 53-3-402 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102 Terms of the citation: means those options expressly stated upon the citation. See Utah Code 53-3-702 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 United States: means the 50 states and the District of Columbia. See Utah Code 53-3-402 Vehicle: means any motor vehicle, aircraft, or watercraft subject to registration in any jurisdiction. See Utah Code 77-41-102 Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102 Vehicle: means any motor vehicle, aircraft, or watercraft subject to registration in any jurisdiction. See Utah Code 77-43-102 Vending device: includes machines, boxes, jars, wishing wells, barrels, or any other container. See Utah Code 13-22-2 Vending device decal: means any decal, tag, or similar designation material that is attached to a vending device, whether or not used or placed by a charitable organization or professional fund raiser, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. See Utah Code 13-22-2 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Veteran: means an individual who:Utah Code 68-3-12.5 Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1 Victim advocate: work with prosecutors and assist the victims of a crime. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5