Terms Used In Utah Code > Title 15A > Chapter 3 > Part 2 - Statewide Amendments to International Residential Code

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• 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.
• Affordable housing: means housing occupied or reserved for occupancy by households that meet certain gross household income requirements based on the area median income for households of the same size. See Utah Code 17B-2a-802
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Bond: means :

  (a)	a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and

  (b)

  a lease agreement, installment purchase agreement, or other agreement that: (i)  includes an obligation by the district to pay money; and (ii)  the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Cemetery maintenance district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Chambers: A judge's office. Chief executive officer: means a person appointed by the board of trustees of a small public transit district to serve as chief executive officer. See Utah Code 17B-2a-802 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Confidential employee: means a person who, in the regular course of the person's duties: (a)  assists in and acts in a confidential capacity in relation to other persons who formulate, determine, and effectuate management policies regarding labor relations; or (b)  has authorized access to information relating to effectuating or reviewing the employer's collective bargaining policies. See Utah Code 17B-2a-802 Contract: A legal written agreement that becomes binding when signed. 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. Council of governments: means a decision-making body in each county composed of membership including the county governing body and the mayors of each municipality in the county. See Utah Code 17B-2a-802 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 36-33-101 Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 17B-2a-802 Dependent: A person dependent for support upon another. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Ditch: includes a drain or natural or constructed watercourse, whether open, covered, or tiled, and whether inside or outside the drainage district. See Utah Code 17B-2a-202 Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 36-33-101 Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in: (a)  4; and (b)  Chapter 5, State Fire Code Act. See Utah Code 15A-1-102 Docket: A log containing brief entries of court proceedings. Drainage: includes the reclamation, protection, or betterment of land by leading, carrying, withholding, or pumping excess water from land through canals, ditches, pipes, or other means. See Utah Code 17B-2a-202 Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Eligible function: means : (a)  a power conferred on a special district under this title; (b)  a tax or assessment levied by a special district; (c)  an act or proceeding that a special district: (i)  has taken; or (ii)  contemplates taking; or (d)  a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Executive director: means a person appointed by the board of trustees of a large public transit district to serve as executive director. See Utah Code 17B-2a-802 facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 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. Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 17B-2a-802 Fixed guideway capital development: means the same as that term is defined in Section 72-1-102. See Utah Code 17B-2a-802 Fraud: Intentional deception resulting in injury to another. General manager: means a person appointed by the board of trustees of a small public transit district to serve as general manager. See Utah Code 17B-2a-802 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. 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 Highway: includes :Utah Code 68-3-12.5 Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Interim committees: includes a commission, committee, council, task force, board, or panel, in which legislative participation is required by law, which committee functions between sessions of the Legislature. See Utah Code 36-12-1 Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Issuer: means a person authorized to issue a subpoena by this chapter. See Utah Code 36-14-1 Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement Joint resolution: A legislative measure which requires the approval of both chambers. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Large public transit district: means a public transit district that provides public transit to an area that includes: (a)  more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and (b)  two or more counties. See Utah Code 17B-2a-802 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 : (a)  the Legislature; (b)  the House or Senate; or (c)  any committee or subcommittee of the Legislature, the House, or the Senate. See Utah Code 36-14-1 Legislative office: means the Office of Legislative Research and General Counsel, Office of the Legislative Fiscal Analyst, and the Office of the Legislative Auditor General. See Utah Code 36-14-1 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislative staff member: means an employee or independent contractor of a legislative office. See Utah Code 36-14-1 Legislative subpoena: means a subpoena issued by an issuer on behalf of a legislative body or legislative office and includes: (a)  a subpoena requiring a person to appear and testify at a time and place designated in the subpoena; (b)  a subpoena requiring a person to: (i)  appear and testify at a time and place designated in the subpoena; and (ii)  produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena; and (c)  a subpoena requiring a person to produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena at a time and place designated in the subpoena. See Utah Code 36-14-1 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. Locally elected public official: means a person who holds an elected position with a county or municipality. See Utah Code 17B-2a-802 Major political party: means either of the two political parties having the greatest number of members elected to the two houses of the Legislature. See Utah Code 36-12-1 Majority leader: see Floor Leaders Managerial employee: means a person who is: (a)  engaged in executive and management functions; and (b)  charged with the responsibility of directing, overseeing, or implementing the effectuation of management policies and practices. See Utah Code 17B-2a-802 Metropolitan planning organization: means the same as that term is defined in Section 72-1-208. See Utah Code 17B-2a-802 Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Minority leader: See Floor Leaders Minority whip: See Whips. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Multicounty district: means a public transit district located in more than one county. See Utah Code 17B-2a-802 Municipal: means of or relating to a municipality. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator: means a public entity or other person engaged in the transportation of passengers for hire. See Utah Code 17B-2a-802 Oversight: Committee review of the activities of a Federal agency or program. Panel: means the Child Welfare Legislative Oversight Panel created in Section 36-33-102. See Utah Code 36-33-101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Political subdivision: means a county, city, town, metro township, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Professional legislative staff: means the legislative directors and the members of their staffs. See Utah Code 36-12-1 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 entity: means : (a)  the United States or an agency of the United States; (b)  the state or an agency of the state; (c)  a political subdivision of the state or an agency of a political subdivision of the state; (d)  another state or an agency of that state; or (e)  a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102 Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802 Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Road: includes :Utah Code 68-3-12.5 Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Small public transit district: means any public transit district that is not a large public transit district. See Utah Code 17B-2a-802 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 Special investigative committee: is a s defined in Subsection 36-12-9(1). See Utah Code 36-14-1 Standing committees: means legislative committees organized under the rules of each house of the Legislature for the duration of the legislative biennial term to consider proposed legislation. See Utah Code 36-12-1 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 Station area plan: means a plan developed and adopted by a municipality in accordance with Section 10-9a-403. See Utah Code 17B-2a-802 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Supervisor: means a person who has authority, in the interest of the employer, to: (i)  hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or (ii)  adjust another employee's grievance or recommend action to adjust another employee's grievance. See Utah Code 17B-2a-802 Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102 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. Transit facility: means a transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility: (a)  leased by or operated by or on behalf of a public transit district; and (b)  related to the public transit services provided by the district, including: (i)  railway or other right-of-way; (ii)  railway line; and (iii)  a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 17B-2a-802 Transit vehicle: means a passenger bus, coach, railcar, van, or other vehicle operated as public transportation by a public transit district. See Utah Code 17B-2a-802 Transit-oriented development: means a mixed use residential or commercial area that is designed to maximize access to public transit and includes the development of land owned by a large public transit district. See Utah Code 17B-2a-802 Transit-supportive development: means a mixed use residential or commercial area that is designed to maximize access to public transit and does not include the development of land owned by a large public transit district. See Utah Code 17B-2a-802 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. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Validation order: means a court order adjudicating the validity of an eligible function. See Utah Code 17B-1-1201 Validation petition: means a petition requesting a validation order. See Utah Code 17B-1-1201 Validation proceedings: means judicial proceedings occurring in district court pursuant to a validation petition. See Utah Code 17B-1-1201 Verdict: The decision of a petit jury or a judge. Veteran: means an individual who:Utah Code 68-3-12.5 Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded. Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5